Full text of "Alabama legislative acts, 1859-1860"

See other formats

ACTS

OF THE

SEVENTH BIENNIAL SESSION,

OF TIIE

GENERAL ASSEMBLY OF ALABAMA .

HELD IN THE

CITY OF MONTGOMERY,

COMMENCING ON TIIE

SECOND MONDAY IN NOVEMBER, 1859.

ANDREW B. MOORE, Governor.

A. P>. MEEK, Speaker of the House of Representatives.
J. D. RATHER, President of the Senate.

MONTGOMERY:

SHORTER Si REID. STATE TRINTEUS.

1860.

LAWS OF ALABAMA.

No. 1.] AN ACT* 1859-'60.

To accept of the grant and carry into execution the trust
conferred upon the State of Alabama by an act of Con*
gross, entitled “An Act granting public lands in alter*
ternate sections to the State of Alabama, to aid in the
construction of certain Railroads in said State,” approved
3rd June, 1856.

Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in. General Assembly con'
vened , That the lands, franchises, rights, powers and privi¬
leges granted to and conferred upon the State ot Alabama Gra ntconferred,
by an act of Congress, entitled “ An Act granting public
lands in alternate seotions to the State of Alabama, to aid
in the construction of certain Railroads in said State,” ap¬
proved June the third, eighteen hundred and fifty-six, be
and the same are hereby accepted, with the restrictions and
upon the terms and conditions contained in said act of
Congress.

Sec. 2. Be it further enacted i That so much of the lands,
rights, interests, franchises, powers and privileges as are or
may be granted and conferred in pursuance of said act of
Congress to aid in the construction of a railroad from HeJmaamlOAd#-
Selma to Gadsden, called and designated in said act of Con* «en.
gress, 4 ‘ The Coosa and Alabama Railroad from Selma to
Gadsden,” are hereby’ disposed of, granted to, conferred
upon and vested in the Alabama and. Tennessee Rivers
Railroad Company,, a body corporate, created and in exis¬
tence under the laws of the State of Alabama.

* This act is inseited hero, having been omitted in the acts of 1867-8.

1859-60.

Tennessee river
near Hunter's
Lauding.

Dispose of lands,

Priority of act.

Sec. 3. Be it further enacted , That so much of the lands,
interests, rights, franchises, powers and privileges a*s are or
may be granted and conferred in pursuance of said act of
Congress aforesaid, to aid in the construction of a Railroad
from the Tennessee river, at or near Gunter’s Landing, to
Gadsden on the Coosa river, are hereby disposed of, granted
to, conferred upon and vested in the Tennessee and Coosa
Railroad Company, a body corporate, created and existing
under the laws of the State of Alabama, for the purposes
and under the restrictions specified in said act of Congress,
and as soon as said companies shall execute and deliver to
the Governor of the State a bond faithfully to use the said
land lor the purposes of its donation, and to abide by and
perform the provisions and conditions in said act of Con¬
gress contained, said railroad companies shall be and are
hereby authorized to take possession and dispose of said
lands, pursuant to and under the provisions and restrictions
of said act of Congress.

Skc. 4. Be it further enacted, That the priority of the pas*
sage and approval of this act shall not be so construed as
to prejudice the rights which any other railroad company
may have,- under any act of Congress, to any part of said
lands, it being the true intent and meaning of this act that
the rights of the different railroads shall be left where they
stand under the acts of Congress making donations for
their respective benefit.

Approved, January, 20, 1858.

No. 2.] AN ACT

To require the Commissioners Court of the several counties
of this State to furnish blanks to Tax Assessors.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,
That hereafter the Commissioners Court of the several
counties of this State, be and are hereby required and
directed to furnish to the Tax Assessors of their respective
counties, a sufficient number of printed, blank assessment
bills, to supply the wants of their respective counties, and
upon payment foT the same being demanded, said Commis¬
sioners shall draw a warrant upon the County Treasurer,
whose duty it shall be to pay the same when presented.
Approved, February 25, I860.

185W60.

No. 3.] AN ACT

To make the official bond of the Tax Collector operate as
a lien on his property for the county revenue.

Sec. 1. Be it enacted by the Senate and House of Represtn-
talives of the State of Alabama in General Assembly , convened ,
That hereafter the bond required to be given by the Tax
Collector, before entering on the duties of hie office, as pro¬
vided for by section 459 of the Code, shall operate from it*
execution as a lien in favor of the county, on the property
of the Tax Collector, for the amount of any judgment
which is rendered against him in favor of the county in his
official capacity, and on the property of those who are his
sureties at the time of the default.

Approved, December 17, 1859.

No. 4.] AN ACT

♦

The better to secure the collection of certain taxes.

Sec. 1. Be it enacted by the Senate and House of Represent
tatives of the State of Ala^mna in General Assembly convened ,

That from and after the passage of this act, it shall be the
duty of each and every Justice of the Peace in the State of
Alabama to aid the Judges of Probate in the collection of bAte'T^i’ge 1 pr °
license from all concerts, theatres, circuses, shows, negro
traders, foot or horse peddlers, organ grinders, of every
description whatsoever, and for that purpose they are
hereby fully invested with all the authorities and powers
now possessed bv the said Judges of Probate.

Sec. 2. Be it further enacted , That the said Justices shall
pay over to the several Judges of Probate of th^ir coun¬
ties, all such taxes collected by them, after deducting their
fees, and, failing so to do, shall be liable on their official
bonds, and shall b 3 guilty of a misdemeanor.

Approved, January 26, 1860. ' '

1859-GO.

Tax.

No. 5 ] AN ACT

To amend section 809 of the Code.

Sec. 1. Be it enacted by the Seiyx'e and House of Represen¬
tatives of the State of Alabama in General Assembly convened ’,
That all persons exhibiting spirit rappings, spiritual mu in¬
festations, or other device by whatsoever name called, which
professes to reveal communications from the spirits of the
living or the dead, for profit or otherwise, shall pay a tax
of five hundred dollars per dav for each day they shall so
exhibit; and it shall be the duty of the Probate Judge of
each county to collect the same, and issue a license to the
exhibitor.

Sec. 2. Be it further enacted , That the provisions of sec¬
tion 899 of the Code of Alabama be, and the same are
extended to the violations of this act.

Approved, December 15, 1859.

No. 6.] AN ACT ;

To prevent the people of this State from the payment of
double tax in certain cases.

Sec. 1. Be it enacted by the Senate and House of liepr.esen-
tatives of the State of Alabama in General Assembly convened ,
That hereafter when any slave of any resident inhabitant
of this State, not engaged in the business of negro trading,
shall be sold at auction, and the regular State and county
taxes for the year in which such property may be sold,
shall have been paid before such sale, no tax whatever on
the auction sales of such property shall be assessed or col¬
lected, and such sales of such property hereafter made by
any duly licensed auctioneer in this State shall not bo
deemed void or defective for want of any license of such
auctioneer to sell slaves, or for the want of the payment of
any auction tax.

Approved, February 23, 18C0.

1859-’60.

No. 7.] AN ACT

To regulate the taxes on lands granted by Congress to aid
in the construction of Railroads in the State of Alabama.

SkC. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That no tax shall be levied or collected on the lands granted
by Congress to the State of Alabama, to aid in the con¬
struction of Railroads in said State until the lands are sold
or disposed of by the Railroad Companies to which they
have been respectively granted by the State of Alabama.

Sue. 2. Be it further enacted, That each President of a
Railroad Company shall report to the Controller annually
on the first February of each year a list of the lands sold
or disposed of by such railroad companies, and the lands
so reported as sold or disposed of shall be subject to taxa¬
tion from the date of sale.

Appkoved, February 25, 1860.

No. 8.1 AN ACT

To construe and extend the operation of the Revenue Laws
of Alabama, in certain cases therein named.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama : in General Assembly convened ,
That from and after the passage of this act, the words
a daguerrian art” and “daguerrian artist,” whenever the
same occur in the Revenue Law's of Alabama, or in any sec¬
tion or clause thereof, be, and the sarhe ate hereby construed
to amply to ambrotypists, photographists, and all other
persons who use said art or any modification or improve¬
ment, or form thereof, in taking pictures, either on glass,
paper, metal, or in any other way whatsoever, and that the
tax now impesed on daguerrian artists be, and the same is
hereby imposed on all such persons by whatsoever name
they may be known, or may call themselves, and that it
shall be necessary for each and every such person to pro¬
cure the same license, and to pay the same sum for such
license a3 is now required to be paid by daguerrian artists,
and that the same remedies now given and penalties
imposed for failure to pay such taxes, be, and the same are
hereby extended so as to embrace all such persons as fully
as they now embrace daguerrian artists.

Appkoved, February 25, 1860.

1859-60.

8 »

No. 9.] AN ACT

To impose a tax upon itinerant book and periodical agents,
and to increase the tax on peddling in the State of Ala*
bama.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That hereafter it shall not be lawful for any agent, partner
or owner of any publishing house, book concern, or news¬
paper, or any author or any agent of any author, to sell or
Licence judge of t0 °^ ta ? n aay subscription to any book, periodical, map,
probate. engraving, or newspaper, in any county in this State, with¬
out first obtaining a license from the Judge of Probate of
the county in which he proposes to sell or to obtain such
subscription, and also paying for such license the sum of
one hundred dollars. Provided , That no such license shall
be granted unless the applicant produces to the Judge of
Probate the recommendation of six freeholders or house*
holders of said county, stating that they are acquainted
Provided. with said applicant, that he is possessed of a good moral
character and in all respects a proper person to be licensed,
and in addition thereto the Judge of Probate must be sat¬
isfied before he issues said license that the work proposed
to be sold, or to which subscribers are proposed to be
obtained, is not dangerous or insurrectionary in its charac¬
ter: Provided farther , That this act shall not apply to the
sellers of religious books who are accredited by any eccle¬
siastical body or denomination which has a regular organi¬
zation in this State, Dor to any author, editor, publisher or
bookseller permanently located in any slave-holding State
of this Union, nor *o any agent of such last mentioned
author, editor, publisher, or bookseller: Provided further ,
That no auctioneer in this State shall sell any book for any
itinerant or traveling owner of books not residing in this
State.

Sec. 2. Be it further enacted , That hereafter all licenses
to peddle goods, wares or merchandise of any description,
Lvcn. t. for which a license is now required by law, shall be charged
as follows, viz: To peddle in a wagon, for each wagon in
a county, seven hundred and fifty dollars; on a horse, for
each horse in a county, five,hundred dollars; on foot, in
each county, three hundred dollars for each person; which
license must be obtained from the Judge of Probate of the
county in which such peddling is to take place.

Sec. 3. Be it further enacted , That all Judges, Justices

9 1859- f 60.

of the Peace and City Magistrates who shall receive infor¬
mation, or shall have come to believe, that any person is
guilty of violating either of the above sections of this act, to
cause said person or persons so suspected to be immediately Arre3t *.
arrested and brought before them, and if, on examination,
the said Judge or Justice, or Magistrate, shall be of opinion
that said person, or persons, is guilty of the charge, he
shall cause said person to be bound over, with good and
sufficient security, to appear at the next term of the Circuit
Court of said county to answer said charge, and, in default
of such security, shall commit the offenders to jail.

Sec. 4. Be it further enacted , That .every offender againbt
the provisions of this .* cfc shall, on conviction before a jury Penalty,
of the proper county, be fined not less than five hundred
dollars, and, in addition thereto, shall be imprisoned in the
county jail for the term of six months.

Sec. 5. Be it further enacted , That it shall be the duty of court to charge
the Judges of the several Circuit Courts to give this act iu^ ran<1 J ur ^-
charge to the Grand Juries of tneir respective counties.

Approved, February 24, I860.

No. 10.] AN ACT

Making Appropriations for the fiscal years I860 .and 1861.

Sec. 1 . Be it enacted hy the Senate and House of Represen¬
tatives of the Slate of Alabama in General Assembly convened ,

That the following sums of money be, and the same are
hereby appropriated to be paid to the following persons in Appropriations
the payment of claims against the State for the years one forl ' 5J ~ m
‘thousand eight hundred and sixty and sixty one:

To the Governor of the State, four thousand dollars per
annum.

To the Secretary of State, twelve hundred dollars per
annum.

To the Controller of Public Accounts, two thousand
dollars per annum.

To the State Treasurer, eighteen hundred dollars per
annum.

To the Judges of the Supreme Court each, four thousand
dollars per annum.

To the Supreme Court Reporter, twelve hundred dollars
per annum.

1859-60.

Appropriations
for lSW-’oO.

To the Chancellors, each, tw q thousand dollars per
annum.

To the Attorney General, four hundred and twenty-five
dollars per annum.

To the Solicitors of Judicial Circuits, each, two hundred
and fifty dollars per annum.

To the Judges of Circuit Courts, each, two thousand
dollars per annum.

To the Adjutants and Inspector Generals, four dollars per
day for each day they shall be engaged in the actual duties
of their offices—not to exceed two hundred dollars per
an n urn.

To the Quarter Master General, four dollars per day for
everyday he is actually employed in the duties of his office,
not to exceed three hundred dollars per annum.

To pay salary of Clerk in the Controller’s office five
hundred dollars per annum.

To the principal Secretary of fchc Senate, and the princi¬
pal Clerk of th s House, each seven dollars per diem for
each day of this session.

To the assistant Secretary of the Senate, and to the
Assistant and Engrossing Clerks of the House of Repre¬
sentatives each, the sum of six dollars per day, for each day
of this session.

For the pay of such additional Clerks at may be employed
by the Senate and House of Representatives, the sum of
five dollars per day, each, for the number of days employed
to be certified by the presiding officer of each House.

For the salary of the Superintendent of Education, two
thousand dollars per annum.

To the door-keepers of the Senate and House of Repre
sentatives the sum of five dollars per day each, for the
number of days the two houses are sitting during the*
present session.

To the Messengers of the House, one dollar per day
each for their services during the session and recess.

To the Secretary of State for placing marginal notes of
the laws, reading the proof sheets and superintending the
printing of the same, copying the Journals of both houses
at the present session, preparing indexes to the laws and
journals, and the distribution of the .same, four hundred
dollars. '

To the Secretary of the Senate and Chief Clerk of the
House of Representatives for completing the Journals of
their respective Houses, arranging and filing aWay papers

1859-60*

in proper order for the next session of the General Assembly
each, one hundred and fifty dollars.

To the keeper of the St^te House, the sum of one hun- or
died and fifty dollars per annum.

To the Marshal of the Supreme Court and State Libra¬
rian, the sum of one thousand dollars per annum.

To ,J. II. Weaver, for hire of negro man from November
14, 1859, to February 27, 1860, one hundred and five
dol iars.

To George P. Keyes, for hire of negro man from Novem¬
ber l b 1859, to February, 27, 1860, one hundred and five
dol la rs.

To S. F. Ilice, for hire of negro man from November 14,
1859, io February 27, I860, one hundred and five dollars.

To John 1). Phelan, for hire of negro man from October
24, 1859, to January 14, i860, eighty dollars.

To lialpli Williams, for account rendered for grates, six¬
teen dollars and fifty cents.

To William H. Taylor, for hire of negro man from.
January 14, to February 27, i860, forty-four dollars.

That the sum of one hundred and twenty-five dollars be
appropriated to pay William C. Allen for services as Clerk
to the Joint Select Committee of the two Houses in taking
an account between the State and the Two and Three Per
Cent. Fund.

For contingent expenses for the use of the State Super
iritendenu department, the sum of nine ^hundred dollars
per annum.

Skc. 2. Be it further enacted, That the sum of twelve
hundred dollars be, and the same is hereby appropriated
for the purchase of sta ionery for the General Assembly,
Executive and State Officers and Judges of the Supreme
Court, and the Controller shall draw his warrant, on the
presentation of any original voucher, with the certificate
of the Secretary of State, that the same is correct, for the
amount thereof not to exceed this appropriation.

Skc. 8 . Be it further enacted , That the sum of eight hun¬
dred dollars is hereby appropriated to pay for the distribu¬
tion of the laws and journals of the present General Assem¬
bly, and also for the distribution of Smith’s Alabama Jus¬
tice, five hundred dollars; and the Controller of Public
Accounts shall draw his warrant oh the Treasurer in favor
of the several agents engaged in the distribution upon their,
producing the certificate oi the Secretary of State, that the
sums charged are according to contract, and that the
services have been performed.

1859-60.

Appropriations

for 1S5SMJO.

Other States.

Taxes.

Penalty.

Sec. 4. Beit further enacted , That the Clerks, Secretaries
and Door-Keepers, of each house, shall be entitled to their
regular pay during the recess of the Legislature.

Sec. 5. Be it further enacted , That the Controller of
Public Accounts is hereby authorized to draw his warrant
ou the State Treasury for the several sums of money herein
appropriated at the times payable by law, on the production
of proper vouchers and receipts therefor.

Approved, February 2d, i860.

No. 11.] AN ACT

To equalize the taxes ou goods sold in this State.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened^
That hereafter all merchants, factors, agents, or other per¬
sons, residing in or doing business in any other State and
selling goods, wares and merchandize within this State to
persons resident within this State, whether the same
be sold by sample or otherwise, and whether the
same are delivered at the time of the sale, or to be deliv¬
ered at a subsequent time, shall pay to the proper ofli-
cer of the county, witlnn which th * sale is effected, the
same taxes on such sales as would be due and payable from
any resident merchant or vendor for sales of a like
description.

Sec. 2. Be it further enacted, That the payment of such
taxes shall be made, on each transaction for itself, at the
time of making the contract or immediately thereafter;
and the purchaser shall, in all cases, be liable to the State
and county for such taxes as for taxes on his own sales,
unless he causes the vendor to pay the same, or notifies the
proper officer of the county that such sale has been made
while the vendor remained within the county.

Sec. 3. Beit further enacted , That any merchant, agent,
or factor, or other person, who makes a sale of goods, wares
and merchandize within the purview of this act, and fails
to pay the taxes on such sale as herein provided, or
attempts to evade the provisions of this act, shall be inhib¬
ited from maintaining any action, in any Court of this State,
to recover the v-alue of the goods so sold, or any part
thereof; and shall also be deemed guilty of a misdemeanor,
and, on conviction, shall be fined not less than the value of
the goods so sold, nor more than double their value.
Approved, February 27, 1860.

1859-m

No. 12.] , Aft ACT

To provide for the sale of bonds purchased by the State

at tax sales, and which have not been redeemed under

section 469 of the Code.

Sec. 1. Be it enacted by the Senate and Home of Represent
iatices of the State of Alabama in General Assembly convened ,

That the Controller of Public Accounts be, and he is Controller-iirst
hereby required on the first day of March, A. D., 1860 , >Uy of March *
and every twelve months thereafter, to furnish the tax col¬
lectors of the different counties a statement containing a
description, by numbers or otherwise, of all the lands lying
within their respective counties which have been sold for
non-payment of taxes and bid off in the name of the State
of Alabama, and which have not been redeemed under
section 469 of the Code of Alabama.

Sec. 2. Ik it further *enacted , That upon the receipt of
such statement it shall be the duty of the tax collectors of
the counties, in which any of said lands lie, to advertise
said lands for sale in some newspaper published in said axco<c
county, once a week, for four successive weeks, provided
the costs of such advertisement shall not exceed the amount
p*iid for advertising when said lands were first advertised
for non-payment of taxes assessed.

Sec. 3. Be it farther enacted, That if the said tax collec¬
tors cannot procure such advertisements to be made on the
terras above^specified, or if there should be no newspaper, Notice,
published in their counties, then they shall post the notice
required by the foregoing section at the Courthouse door,
and at four other public places in the county, the •same
length of time before said sale, and said advertisement or
notice must contain a concise description of the lands to be
soi l, tire amount of taxes due thereon, including all taxes
on such lands, which have accrued subsequently to the sale
at which said lands were bid off in the name of the State,
and also, all costs and the expenses of advertising.

Sec. 4. Be it further enacted , That the tax collectors must
between the hours of ten and twelve of the day of sale, at 0ourthoaBCt
the courthouse door of their respective counties, commence
the sale of said real estate, to the highest bidder for cash,
and continue the same from day to day until all of said
lands have been offered, but if the amount bid for said
lands is not sufficient to pay all the taxes that have accrued
thereon, together with all costs and the expenses of adver¬
tising, then said lands shall not be sold.

1859-GO.

Real Estate.

Title.

Attorn’y-Ggn'!—
form of deed.

Penalty.

Code.

Ex'oipt from tax.

Sec. 5. Be it farther enacted , That in tlie sale of real
estate, laid off in town lots, each lot or part of lot must be
offered seperately.

Sec. 6. Be it farther enacted , That at the close of all sides
of real estate, as provided for in the foregoing sections of
this act, or as soon thereafter as it can be conveniently done,
the said tax collectors are required to make out and deliver
to the purchaser a certi icate of purchase, describing the
land or lot sold, the amount of taxes, costs and expenses
for which the same was sold, and the date of sale, and
upon the presentation of said certificate to the Judge of
Probate of the proper county, he shall execute and deliver
to the purchaser, his heirs or assigns,, a quit claim deed on
the part of the State of Alabama, to the real estate
described in said certificate, for which the said purchaser
shall pay the Probate Judge the sum of two dollars.

Sec. 7. Be it farther enacted, That the Attorney General
shall furnish to the Controller a proper form for said deed
which shall operate merely as a release of all claim on the
part of the State of Alabama, to said lands for the consid¬
eration specified, a copy of which the Controller shall
furnish to each of the Probate Judges.

Sec. 8. Be it further enacted, That if any tax collector
shall fail to comply with the duties required of him by the
provisions of this act, he shall be deemed guilty of a mis*
demeanor, and on conviction must be fined not less than
two hundred dollars.

Sec. 9. Be it farther enacted, That at any time before the sale
the original owner, his heirs, or legal representatives, may
redeem any land previously sold for taxes on the terms pro¬
vided in section 469 of the Code, and payment of ail taxes
accruing since the purchase by the State, with ton pm* cent,
interest per annum on all suras due for taxes, or redemption,
together with all costs of advertising and sale.

Approved, February 2, I860.

No. 13.] AN ACT

To encourage direct trade between the Southern States

and Foreign cotm tries.

Sec. 1. Be it enactedby the Senate and House af Represen¬
tatives of the State of Alabama in General Assembly convened.
That the sales of all goods, wares and merchandise directly

1859-GO,

imported into the State of Alabama from foreign countries
and sold by resident merchants within this State, be and
they are hereby exempt from all taxation whatsoever, levied
by State, county or municipal authority.

Sec. 2. Be it further enacted, That the provisions of the
foregoing section be, and they are hereby, extended to the
sales within this Srate, of all dry goods, hardware, cutlery
and crockery, directly imported into any one of the South¬
ern Slates of this Union, from foreign countries.

Sec. 8. Be it further enacted , That in the assessment of
taxes, all persons claiming exemption from taxation on
sales of merchandise under the provisions of this act, shall
render ta the assessors a statement of such sales, veiified
by aflidavi
in the oilic
words folio

affirm, as the case may be, that the merchandise embraced
in the foregoing statement of sales, was imported directly

from a foreign country into the city of —--, as lam

informed by -, of said city, of whom I purchased

the same, and I verily believe the same to be true,” and
the party claiming the benefit of the exemption provided Fonn
for in this act, shall file in the office of the Judge of Pro¬
bate of the county, certified copies of the invoices of such
merchandise, from which it shall appear by the affidavit ol
the party importing the same, that it was directly imported
into some one of the Southern States of this Union from a

t in writing-made before the assessor (to be filed
e of the Judge of Probate of the county) in the A{Rtl lvH -
winjr, to<wifc: k ‘I -do solemnly swear (or

country foreign to the United States.

Sec. 4 . Be it further enacted , That the Governor be, and
he is hereby authorized to appoint a Commissioner within commissioner
this State, whose duty it shall be to confer with similar
commissioners on the part of other Southern States, and
with other persons interested in the establishment of direct
trade between the Southern States and foreign countries,

for the purpose of collecting information and maturing a
plan for the encouragement of direct commercial inter¬
course between the ports of the South and foreign eoun
tries; and said commissioner shall be required to report to H ' ippp **
the next session of the General Assembly of this State,
such information and propositions as he may have received,
together with such suggestions as his inquiries may have
enabled him to make in aid of the purposes of this act;
and, also, by communication with the merchants of the
Southern States, to endeavor to enlist them in the encour¬
agement of direct trade between the Southern States and
foreign countries.

Appropriated.

Governor.

Sec. 5. Be it farther enacted , That the sum of forty-five
hundred dollars be, and the same is hereby appropriated
out of any money in the Treasury not otherwise appropri¬
ated, and placed at the disposal of the Governor, to be used
in carrying out the provisions of this act.

Sec. 6 . Be it further enacted , That the Governor of this
State be, and he is hereby requested to cause copies of this
act to be forwarded to the Executives of the different
Southern States, with the request that its provisions be laid
before the Legislatures of their respective States.

Approved, February 25, 1860.

No. 14.] AN ACT

To amend Section 2235 of the Code.

Sec. I* Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama in General Assembly, convened ,
That section 2235 of the Code be amended so as to read as
follows: All actions on contracts expressed or implied, for
the payment of money, whether under seal or not, may be
united in the same action *. and a contract upon which it is
necessary to assign a special breach, may be united in the
same complaint with a contract on which no such breach
is necessary.

Approved, February 14, 1860.

No. 15.] AN ACT .

To amend Section 3254 of the Code of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly , convened ,
That section 3254 of the Code of Alabama, be, and the
same is hereby amended, by inserting the words “or de¬
vice of the like kind” after the word “lottery” in the
second line of said section.

Approved, Feb. 16, 1860.

17 1859-m

No. 16.] AN ACT

To amend the Criminal Laws of this State.

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly , convened ,

That from and after the passage of this Act, any person
who wantonly injures, or places any impediment or obstruc- Penalt r-
tions on any railroad in this State, must on conviction, be
lined not less than one hundred nor more than two
thousand dollars, and may be imprisoned either in the
county jail or the penitentiary, at the discretion of the
jury trying the same.

Sec. 2. Be It further enacted , That when any person duly
charged with any violation of the first section of this Act,
absconds before being arrested to answer the same, the
Governor may, if the circumstances justify it, offer by and lie ward,
proclamation a reward not exceeding four hundred
dollars for his apprehension, within two years from the date
of such proclamation; and he is hereby authorized to
draw upon the Treasury for the amount of such reward,
when necessary to be paid.

Sec. 3. Be it further enacted. That section 3194 of the
Code, be, and the same is hereby repealed.

Approved, February 15, 1860.

No. 17.] AN ACT

To amend section 1255, of the Code of Alabama, and also
the Act amendatory thereof, Approved, February 20th,
1854.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
That section 1255 of the Code of Alabama, and the Act,
amendatory thereof, approved February 20th, 1854, be so
amended, that the corporate limits of no town shall be
hereafter extended, without the consent of two-thirds of
the owners of real estate within the limits of the proposed
extension, in writing, signed by the person so assenting,
which said writing shall be filed in the Probate Court of
the county in which such town may be situated.
Approved, January 27, I860.

To construe Section 173$, of the Code,

Sec. 1. Be it enacted by the Senate arid Souse of Bepresen •
iatives of the State vj Alabama in General Assembly, convened ,
That from and after the passage of this Act, when a man
dies leaving a widow, or a widow and child or children,
the same property shall be exempt from the claims of heirs,
distributees or legatees, for the use of the widow, or widow
and child or children, which is now exempt from the claims
of creditors by section 1738 of the Code.

Approved, January 30, 1860.

No. 19.] AN ACT

To amend Section 1473 of the Code of Alabama.

Sec. 1 . Be it enacted by the Senate and House of Bepresen *
tafives of the State of Alabama in General Assembly, convened,
That section 1473 of the Code of Alabama, be amended
by inserting after the word “business” where it occurs in
said section the following words, “ or forming an agricul-
al, or literary society.”

Approved, January 30, 1860.

Nc. 20. AN ACT

To amend an Act entitled an Act, to amend section 2471,

of the Code.

Sec. 1. Be it enacted by the Senate and House of Bepresen -
tatives of the State of Alabama in General Assembly, convened\
That an Act to amend an Act entitled an Act, to amend
section 2471 of the Code, be amended by adding-after the
word “returnable” in the ninth line of said section, the
words “or before any other officer authorized to administer
oaths.”

Approved, February 2, 1860.

No. 21.] AN AGT

To amend section 2005 of the Code.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly , convene*^ -
That section 2005 oi the Code be so amended as to read as
follows: If thirty days notice be given in writing to the
husband where he is a resident of the State, and bis resi*
deuce is known, or if notice be given by publication, when
the husband is a non-resident or his residence is unknown,
for thirty days in a newspaper, published in the county of
the residence of the wife,, and if no paper be published
in said county, then in the newspaper published nearest
to the county seat of said county, of the intention to file
such petition, it must be heard at the first term and wit*
nesses may be examined orally in behalf of either husband
or wife or by deposition in the usual mode. Before pub¬
lication is made, the affidavit of the petitioner shall be filed
with the register in chancery, alleging that the husband is
a non-resident, or that his residence is unknown. No costs
whatever shall be taxed against any married woman, or her
next friend proceeding in virtue of the two preceding
sections.

Approved, February 14, 1860.

No. 22.] AN ACT

To amend section 2673 of the Codein relation to Mechanics

Lien, so far as the same relates to Montgomery county.

Sec. 1. Be it enacted by ike Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened
That the first sub-division of the condition upon which the
lien of mechanics and builders is created by section 2673
of the Code, be, and is hereby amended so far as the same
relates to Montgomery county, as follows: strike out the
words “ date thereof*' at the close of the paragraph and
insert in lieu thereof.the words “after the completion of
the building.’*

Approved, February 23, I860.

1859-^60.

1869-

fJode.

Notice.

Affidavit.

’60. 20

No. 23.] AN ACT

To amend section 977 of the Code of Alabama.

Sec. 1. Be it enacted dy the Senate and House of Represent *
tatives of the State of Alabama in Genera* Assembly, convened,
That section 977 of the Code be no arrfended alter the last
word of said section the words “ or at some medical Col¬
lege in tne United States, and that his diploma from said
college, shall be legal evidence of his authority to practice
medicine and surgery.”

Approved, February 25, I860.

No. 24.] AN ACT

To amend section 2318, of the Code of Alabama, and the
“act approved February 8th, 1858, entitled “An Act to
compel the personal attendance of witnesses in civil
eases.”

Sec. 1. Beit enacted by the Senate ami House of Represen¬
tatives of the State of Alabama in General Assembly, convened ,
That in addition to the person mentioned in the sixth
subdivision of- section 2318 of the Code, the testimony of
the following persons may be taken by deposition in civil
causes, to wit: All railroad superintendents, treasurers,
secretaries, masters of road repairs, and conductors; and
all teachers of public or private schools, while actually
engaged in teaching.

Sec. 2. Be it further enacted ■ That whenever either party
to any action at law files interrogatories for the purpose of
taking the deposition of any witness, he shall gave notice
t<? the adverse party, at the time of serving a copy of such
interrogatories of the residence of such witness, and of the
commissioner appointed to take such deposition ; and on
kisTailure to gives uck notice, unless waived by the adverse
party, the deposition of such witness shall be suppressed,
at the cost of the patty taking the same.

Sec. 3 Be it further enacted, That when the deposition
of any witness, residing in the county in which any civil
cause" may be pending, shall have been taken, either
under Section 2318 of the Code, or under the first
section of this act, it shall and may be lawful for the
court in which such cause may be pending, on the applica-

U 1859-60.

tion of either party to stud cause,.supported by the affidavit
oi such party, his agent or attorney, that he believes the
personal attendance f of the witness on the trial of the cause
is necessary, to make an ^rder requiring such witness to
attend the trial of such cause in person: and a copy of'such
order, with a subpoena,, shall he served on such witness;
and on proof o t such service, the deposition of such service
shall be suppressed on the trial!

Sec. 4. Be it farther enacted . That when an application
to compel the personal attendance of a witness, under the last
preceding section of this act, shall be made m any cause Wjtne3a
pending in the circuit court, the clerk of such court if the
application is made in vacation, shall have power to grant
the order for the personal attendance of the witness.

Approved, February 4, 1860.

No. 25.] AN ACT

To amend section 2313 of the Code of Alabama, and to

allow the Defendants in certain cases to-prove offsetts.

Sec. 1 . Be enacted by the Senate and Houhe of Represen¬
tatives of the State of Alabama in General A ssembly, convened,

That the defendant in all suits at law shall be competent
to establish, by his own oath, any offset not to exceed three
hundred dollars, founded upon contract, if the plaintiff* 0ff . set>
sues in his own right and uot as executor, administrator,
guardian or trustee, unless the plaintiff in open court,
denies upon oath the truth of the facts proposed to be
sworn to by the defendant.

Sec. 2. Be it further enacted , That the competency of the
defendant to prove his offset, shall depend upon the same
conditions, qualifications and notice, and be governed bv
the same rules which apply to a plaintiff when he offers to Cc<le -
prove his claim or demand under sections 2§14 and
2315 of the Code of Alabama.

Approved, February 21, 1860.

Coumi" 1 ?.

No. 26.] AN ACT

To amend the law in regard to security for Costs in

certain cases.

Sec. 1. Be it enacted by the Senate and House of Represen-
t Hines of the State of Alabama in General Assembly, con vened,
That hereafter whenever it shall be the duty of any Ju tice
of the Peace in this State, to institute proceedings against
defaulters, under section 1170 of the Code, it shall not be
necessary for the county to give security for the costs, before
the issuance of the summons, but the costs shall be paid
in the event the county fails, as provided by law.

Approved, February 14, 1860.

No. 27.] AN ACT

Tq amend section 43 of the Code, regulating Mileage.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly , convened,
That section 43 of the Code shall be so amended as to
read : the President of the Senate and Speaker of the House
receive six dollars, and the other members four dollars for
each days attendance, and are allowed four dollars.for every
twenty miles travelling to and from the General Assembly
—computing from the seat of Government to the seat of
Justice in the counties of their residence, agreeable to the
distances as herein set down, to wit: Autauga, thirty miles;
Baldwin, pne hundred and eighty miles; Barbour, ninety-
five miles; Bibb, seventy-five miles; Blount, one hundred
and fifty miles; Butler, fifty-three miles; Calhoun, one
hundred and twenty-eight miles; Chambers, eighty-three
miles; Cherokee, one hundred and fifty nine miles; Choc¬
taw, one hundred and forty-five miles; Clarke, one hundred
and twenty-one miles; Coffee, eighty-three miles; Conecuh,
ninety-eight miles; Coosa, forty-five miles; Covington,
ninety miles; Dale, one hundred and four miles; Dallas,
sixty miles; DeKalb, one hundred and seventy-three miles;
Fayette, one hundred and fifty-eight miles; Franklin,
two hundred and ten miles; Green, one hundred and
twenty miles; Henry, one hundred and five miles;
Jackson, two hundred and three miles; Jefferson, one
hundred and five miles; Lauderdale, two hundred and

23 1859-’60.

twenty-five miles; Lawrence, one hundred and ninety five
miles; Limestone, two hundred and fourteen miles;
Lowndes, twenty-five miles; Macon, forty-five miles;
Madison, two hundred and three miles; Marshall, one
hundred and seventy-three miles; Marengo, one hundred
and live miles; Marion, one hundred and eighty-nine
miles; Mobile, one hundred ard eighty-five miles; Monroe,
one hundred and one miles; Morgan, one hundred and eighty CooaU *®-
seven miles: Perry, seventy five miles; Pickens, one hundred
and titty miles; Pike, sixty miles; Randolph, one hundred
and five miles; Russell, eighty-three miles; Shelby, ninety
five miles; St. Clair, one hundred and twenty miles;

Sumter, one hundred and thirty-five miles; Talladega,
ninety-four miles; Tallapoosa, sixty miles; Tuscaloosa,
one hundred and thirteen miles; Walker, one hundred and
forty-three miles; Washington, one hundred and forty-
three miles; Wilcox, seventy-five miles; Winston, one
hundred and eighty-eight miles.

Sec. 2. Be it further enacted , That the provisions of the
foregoing section shall not apply to mileage at the present
session, in coming to or returning from the same, at the p rOT}a i on *.
commencement and close thereof, but shall apply to milage
of members going to and returning from homeat any recess
that may be taken during the session.

Sec. 3. Be it further enacted, That the provisions of this
act shall not be held to affect the right of any member
elected to the General Assembly on the first Monday in
August, 1859, or prior thereto, to the mileage heretofore
allowed.

Approved, February 21, 1860.

No. 28.] AN ACT

To amend section 2138 of the Code, so as to allow the State
to be sued in Chancery.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened ,
That section 2138 be amended by adding the Words “and
chancery” after the word circuit and before court, so as to
authorize the State of Alabama to be sued in chancery,
and be governed by the same rule's as suits between indi¬
viduals; and the Solicitor of the Circuit Court, in which
the suit is pending, must attend to the same on the part of

the State* and a copy of the bill be served upon the Gov¬
ernor, who may, if he deem it necessary, employ assistant
counsel for the State, and the Judge of the Court determine
the amount of compensation.

Approved, February 18, 1860.

No. 29.] AN ACT

More effectually to punish the crime of Incest.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened\
That section 3234, of the Code of Alabama, and also the
fourth section of “An Act approved January 16th, 1858,
entitled An Act to amend the criminal law in relation to
Eapc, Incest and Adultery, be so altered and amended, that
hereafter, any person convicted of Incest may be imprisoned
in the Penitentiary for life, or for not less than two years:
Provided , That this act shall not apply to offenses heretofore
committed, but such offenses shall be punished according to
the provisions of the statute which was of force at the time
of their commission.

Approved, February 2, 1860.

No. 30.] AN ACT

To amend section 3249 of the Code.

Sec. 1. Be it enacted by the Senate and House of .Represen¬
tatives of the State of Alabama in General Assembly convened ,
That for ollences created by or specified in section 3249 of
the Code gf Alabama, the punishment shall hereafter be a
fine, to be assessed by the jury, not less than five hnndred
dollars nor more than two thousand dollars.

SjEC. 2. Beit further enacted\ That if any person convicted
under the provisions of said section 3249 shall fail to se¬
cure the fine assessed against him, theti it shall be the duty
of the court to sentence him to the Penitentiary for not
less than two nor m- re than five years.

Approved, February 24, 1860.

No. 31.] AN ACT

To amend sections 383 and 384, of the Code of Alabama

fixing the University fund and establishing a Military

Department in said University.

Sec. 1. Be it enacted by the Senate , and House of Represen¬
tatives of the State of Alabama in General Assembly convened , Code -
i hat sections 383, of the Code of Alabama be amended by
striking out the words “ two hundred and fifty” where they
occur in said section, and inserting in lieu thereof the words
“ three hundred, also by striking out the word six where it
occurs in said section, and inserting in lieu thereof the word
six per cent.

Sec. 2. Beit further enacted, That the Treasurer of the
State be, and he is hereby required, to calculate interest at
the rate of six per centum per annum on the sum of fifty
thousand dollars from the 21st day of February, 1848, to
the 21st day of February, I860, and the sum so ascertained interest,
he must pay to the Treasureror any other authorized agent
of the University, of Alabama, which sum when paid to
said Treasurer or other authorized agent of the University,
shall be held by him subject to the control, direction or
disbursement of the trustees of the University, in the same
manner as the interst on the University fund now is, or
may hereafter be made by law.

Sec. 3. Be it further enacted , That it shall be the duty of
the trustees of the University of Alabama, to establish a
military department in said University, and to place the
University under military discipline, and they are hereby.iiuics and
authorised and required to erect and establish all needful lation *‘
rules and regulations for the government of said University,
its officers and students under its new organization, as pro*
vided for under this act; to elect and appoint such military
officer or officers, as shall be necessary, and the salary
of such officer or officers to be paid out of the income of
the University, as now pro video by law for the payment
of the salaries of other officers of the University.

Sec. 4. Be it further enacted ,, That the military comman¬
dant or superintendant and all the other officers of this
department, shall be commissioned by the Governor of the
State, and shall be officers of the State of Alabama, and 0fficers -
have such rank, as the Governor may assign to each of
them respectively.

Sec. 5. Be it further enacted , That it shall be the duty of *
the Governor, on the requisition of the commandant or

superintendent of said department to furnish from the arms
of the State all such ordinance, arms, equipments, and mu¬
nitions, as raa) be required for the drill and exercise of the
students of said University.

Approved, February 23, 1860.

No. 32.] AN ACT

To amend section 499 of the Cod< j , so far as Lauderdale and
Coosa counties are concerned.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened^
That hereafter each member of the court of County Com¬
missioners, (except the Probate Judge in Lauderdale and
Coosa counties) is entitled to receive three dollars per day
for each day’s service as said commissioners, in transacting
the business appertaining to their said office, and also
mileage at the rate of five cents per mile on the nearest
traveled route, going to and returning from all the terms
of said court of county Commissioners. All laws and
parts of laws contravening the provisions of this act, are
hereby repealed.

Approved, February 24, 1860.

No. 33.] AN ACT

To repeal An Act therein named.

Sec. 1. Be it enacted- by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
Thar, an act entitled An Act, 11 in relation to the public
roads in the county of Wilcox,” approved February 13th,
1813, be, and the same is hereby repealed, and section 1163
of the Code of Alabama shall be, and remain of full force
and effect.

Approved, February 14, 1860.

1859-60.

No. 31] AN ACT

Amendatory of the Act, approved December 12, 1857.

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That the Act, approved 12th December, 1857, amendatory
of section '2402 of the Code, be, and the same is hereby
amended, so as to strike out the word eighty, and insert in
lieu thereof, the words three hundred and twenty.

Sec. 2. he it further enacted, That the provisions of this
bill shall not interfere with any contracts now existing.

Approved, January 30, i860.

No. 35.] AN ACT

To amend the law in relation to Appeals.

Sec. 1. Be it enacted by the Smote and House of Represen¬
tatives of the State of Alabama in General Ascembly convened ,

That whenever an appeal shall be taken from the judgment,
decree, or other proceeding, of apy of the courts of this
State, to the Supreme Court of the State, and there shall Appeal
be any error, mistake, or other inaccuracy, or imperfection
in taking the appeal, or in the certificate thereof, such
appeal shall not be dismissed, but the same may be amen¬
ded on motion in the Supreme Court, in such manner as
shall be necessary to perfect the appeal.

Sec. 2. Be it further enacted , That no appeal shall be dis¬
missed by the Supreme Court, for the want of a sufiicient
appeal bond, or bond for the costs of the appeal, if the Bond,
appellant will give a sufficient bond, which bond the
Supreme Court, or any member thereof is hereby author¬
ized to take and approve, or it may be taken and certified
to the Supreme Court by the judge, clerk, or register, cer¬
tifying the appeal.

Approved, February 18, 1860.

1859-60.

No. 56.] AN ACT

To amend the law in relation to the Emancipation of Slaves.

Sec. 1 . Beit enactedhy the Seriate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, all clauses,
Slaves. items, words, or directions contained in any last will and
testament,*>r other instrument, made for the purpose of
emancipating any negro slave or slaves, either directly or
indirectly, is hereby declared to be void and of no effect.

Sec. 2. Be it further enacted , That any and all clauses of
any last will and testament or other instrument by which
any executor, administrator, trustee, incorporation, or
Remove. society of persons, may be authorized or directed to remove
any slave or slaves from the State of Alabama, for the
purpose of emancipating such slave or slaves, is hereby
declared to be void and of no effect.

Sec. 3. Be it further enacted, That all gifts or bequests by
last will and testament, or other instrument of any slave
or slaves, to any person or persons or to any trustee, in cor-
th/ritue limitsof P ort *° a ’ or society of persons upon the trust or condition
that said slave or slaves shall be removed bevond the limits
of the State of Alabama, and to some State, or Territory,
or country where African slavery does not exist, shall be
utterly null and void.

Sec. 4. Be it further enacted , That all laws and parts of
laws authorising the emancipation of any slave, or slaves
by any proceedings before any court in the State of Ala¬
bama, are hereby repealed.

Sec. 5. Be it further enacted , That the provisions of this
Provision. act shall not apply to wills and testaments or other instru¬
ments, which may have become effectual before its passage.

Approved, January 25, 1 60.

l$59~m

No. 37.] AN ACT

To secure to the State of Alabama the benefits of the act
of Congress of September 28th, 1850, by which all the
swamps and overflowed lands within her limits, unsold
at the passage of said act, were granted to her, upon cer¬
tain conditions therein mentioned.

Sko. 1 . Be it enacted by the Senate and House of Represent
lotiues of the State of Alabama in General Assembly convened ,

That in the event that the Congress of the United States,
during its session now being held, in compliance with a
joint memorial of this General Assembly, adopted at its
present session, shall pass an act appropriating to the State of
Alabama the sum of three hundred thousand dollars, in
lieu of the swamp and overflowed lands lying within this
State and unsold on the 28th day of September, 1850,
donated to this State by Congress, by an act dated the Liraitat ; ong
28th day of September, 1850, the said sum of three hun¬
dred thousand dallars being so appropriated with the limi¬
tations and restrictions set forth in said memorial, whenever
the saifi sum of three hundred thousand dollars shall have
been paid into the treasury of this State, the said appropri¬
ation of the same, upon the said limitations and restrictions,
shall operate to cancel the said grant of lands made by
Congress as aforesaid, under the said act of the 28th day
of September, 1850, to the State of Alabama, and shall
operate to discharge fully all obligation on the part of the
United States to the State of Alabama arising out of said
grant.

Sec. 2. Be it further enacted, That if the Congress of the
United States shall refuse to make the appropriation men¬
tioned in the first section of this act, during its session now Governor.

being held, the Governor of this State is hereby authorized
and empowered, as well as required, to take all necessary
and proper steps to ascertain the exact quantity of lands
granted to the State of Alabama by the said act of Congress,
of September 28th, 1850, and the location and subdivisions
thereof, with a view to demanding of the federal govern¬
ment a title thereto, also to employ agents and counsel to
prosecute vigorously the claims of the State against the
federal government, on account of said grant and its viola¬
tions thereof by the subsequent sale and other appropria¬
tion of the same lauds, either before Congress, or any of
the federal courts in which it may be necessary to institute
proceedings: Provided , however, that nothing in this act

Agents.-

Proviso.

Piq.ts, surveys,
lands, &c,

purveyor.

Oath.

General Assem¬
bly.

contained, shall authorise the said Governor to molest any
citizen of this State in the use, ocupation, and enjoyment
of any of such lauds which he may have acquired by pur¬
chase from the government of the United States, and holds
under its title.

Sec. 3. Be it further enacted , That in the event the said
Congress shall refuse, in compliance with said memorial, to
require the proper federal officers to furnish the Governor
of the State with the list, plats and statement therein re-
fered to, or if the same shall not be furnished within a rea¬
sonable time, the said Governor is hereby authorized and
required to take all necessary steps to provide said list,
plats and statements, and further, if the Congress shall not
have made during its present session the appropriation re¬
ferred to in the first section of this act, full power and
authority is hereby given to the Governor, and it is made
his duty, to take all steps necessary to ascertain what other
lands lying within this State, not described in said plats, as
swamp or overflowed lands, are really of that description,
and are embraced by the act of September 28th, 1850, in
this act refered to, and to have accurate plats arid descrip¬
tions thereof made according to their legal subdivisions
and for this purpose may enploy all necessary agents at
the expense of the State, and make all other necessary
contracts to carry out the provisions of this act.

Sec. 4. Be it further enacted , That in the event that it
shall be'necessary to employ surveyors to carry out the
provisions of this act, the Governor shall employ each one
to do the necessary surveying by townships, and not by
counties, shall Furnish each with accurate plats of all the
townships he may be employed to survey, showing the
swamp and overflowed lands already surveyed, which are
embraced in the grant herein referred to, and also all other
lands that were vacant on the 28th day of September, 1850,
shall give to each particular directions shall require each to
file an oath, that he will faithfully discharge his duties as
surveyor under the appointment, and also to return all his
plats of lands embraced by said grant under oath.

Sec. 5. Be it further enacted , That if possible, all the
plats, lists and statements of lands embraced by said grant,
or made under direction of the Governor, shall be com¬
pleted, and a full report thereof made to the next regular
General Assembly of the State. , '

Sec. 6. Be it further enacted, That in the event the Con¬
gress shall appropriate by act passed during its present ses¬
sion, for the State of Alabama, in compliance with a me*

1869~m

morial of this General Assembly herein before refered to,
an amount equal to the gross receipts of the federal govern¬
ment for lands sold by it since the28th day of September,

1858, and embrace in its grant to Alabama of the same Be8trict5oD9
date, and according to the restrictions therein set forth,
said appropriation shall cancel said grant as to the lands so
sold, but no farther.

Approved, February 24, 1860.

No. 68.] AN ACT

To authorise the Governor to loan arms and accoutrements
to Paul W. Dodson, principal of the Tuskegee Collegiate
Institute in the county of Macon, and also to Principal
and Trustees of the Military Academy at Glermville, in
Barbour county.

Sec. 1 . Beit enacted by the Senate and House of Represen •
tatives of the Stale of Alabama in General Assembly convened,
That? the Governor of the State is^hereby authorised to
loa^to Paul W. Dodson, principal and proprietor of the.
Tuskegee Collegiate Institute (or other name by which it
may be called) as many new regulation rifle muskets with
their accoutrements, not exceeding one hundred, as may be
required, and one piece of ordnance, upon said Dodson
giving such bond and security, for the safe keeping and
return of said arms, as shall be required, by .the Governor.

Sec. 2. Be it further enacted , That the Governor is also
authorised to make a like loan, and upon like conditions, to
the Principal and Trustees of the Military School atGleun-
ville, in Barbour county.

Approved, February 25, 1860.

No. 39.] AN ACT

To re-iqveisfc a portion of the Two Per Cent. Fund.

Whereas the Legislature of Alabama, by act approved
7th February, 1850, did recognize the Alabama and Mis- and Jackson,
sissippi Elvers Bail road as a part of tbe line of internal, Mim *
improvements contemplated and described in an act of Con¬
gress of September 4th, 1841, from West'Point, Georgia, in

1859 -’ 60 .

the direction of Jackson, Mississippi. Now, for the pur¬
pose of carrying out in good faith the said act of Congress,

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of A labarna in General Assembly convened,
That the portion of the Two Per Cent. Fund, loaned to the
Montgomery and West Point Railroad Company, under
tiie provisions of the act approved 17th February, 1854, is
hereby loaned to the Alabama and Mississippi Rivers Rail¬
road Company, at the expiration of the time for which it
is loaned to said Montgomery and West Point Railroad
Aia. and Miss. Company, until the 1st day of January, 1865, on the? same
layers u. a. terms at which it was originally loaned for the first live

years to the said Montgomery and West Point Railroad
Company by the act approved the 23d of January, 184'*:
Provided the said Alabama and Mississippi Rivers Rail¬
road Company shall, on or before the 1st day of July in
the year 1860, procure and produce satisfactory proof to
the Governor of this State that said company has procured
in good faith from solvent and responsible parties, uncon¬
ditional subscriptions to the capital stock of the company,
for the aggregate sum of one hundred and fifty thousand
dollars, payable upon calls made by said company in jjkir-
Providcd. suance with the provisions of its charter: Provided, further,
That the loan to said company, under the provisions of this
act, shall date from the expiration of the loan of the said fund
to the said Montgomery and West Point Railroad Company.

Sec. 2. And he it further enacted , That the President and
’Directors of said company shall, before they receive the
money hereby loaned to said company, execute the bond
of said company with good and sufficient personal security
to be approved by the Governor in double the amount to
be received; conditioned, that said company shall faith¬
fully apply the same to the construction and extension of
Bonded security, their said road westwardly from UniorRown, in the county
of Perry, in the direction of Jackson, Mississippi; and shall
within three years from the time of receiving said money
complete their road bed from Union town, either to some
point on the north-east and south-west road in Sumpter
county, or to Meridian in the State of Mississippi, and
shall, within five years from the time of receiving said
money, complete, equip and put in running order their said
road between the points above designated; and which said
bond shall be conditioned to return said money on the said
1st day of January, 1865.

Sec. 3. And be it further enacted, That if the said Ala¬
bama and Mississippi Rivers Railroad Company shall com

185&-m

plete their said road to some point on the North-East and
South-Went Railroad, or to Meridian, in the State of Mis¬
sissippi, by or before the 1st of January, 1864, then the
portions of the Two Per Cent. Fund, loaned to said Ala- N K and g w
barn a and Mississippi Rivers Railroad Company under the RR -
acts approved the 9th of February, 1852, and the 8th of
February, 1858, amounting to the sum of one hundred and
twenty-three thousand, one hundred and seventy-eight dol¬
lars and seventy-four cents shall be, and the same is hereby
given as a donation to said company, and the Governor is
hereby authorized and directed to cancel and deliver up
any and ail obligations which may have been given by said
company therefor.

Sec. 4. And be it further enacted , That should the said
Alabama and Mississippi Rivers Railroad Company fail to
r;»ise the one hundred and fifty thousand dollars provided
tor in the first section of this act, within the time specified,
that the sum loaned to said Alabama and Mississippi Rivers
Railroad Company under the provisions of this act, is here- Providtd
by loaned to the Western Railroad Company of Alabama,
upon the same terms as to timdand interest that it was
originally loaned to the Montgomery and West Point Rail¬
road Company: Provided ’ That the said Western Railroad
Company of Alabama shall raise by actual subscriptions
the sum of one hundred and fifty thousand dollars by the
1st day of October, 1 A)0 ; and shall execute a bond of said
company with satisfactory security tp faithfully use the sum i«t aof o**.,
herein loaned, and the one hundred and fifty thousand dol- 1 * 60,
lars raised by private subscriptions, to the construction of
their Railroad connecting the cities of Montgomery and
Selma.

SfcC. 5. And be it further enacted , That the said Western
Railroad Company shall complete and put in operation
their road from Montgomery to Selma by the first day of
January, 1864; then the sum loaned under the provisions
of tfiis bill to the Alabama and Missisippi Rivers Railroad
Company, and which is to be paid back by said company
on the 1st day of January, 1865, is hereby given as a dona¬
tion to said Western Railroad Company, and upon the com*
pletion of their Railroad between Montgomery and Selma
by or before the 1st day of January, 1864, then the Gov¬
ernor is hereby authorized and directed to transfer and
assign to said Western Railroad Company the bond of said
Alabama and Mississippi Rivers Railroaa Company given
for the re-pay meat of the sum loaned under the provisions
of this act

Sec. 6 . Be it further enacted , That the said Alabama and
Exempt from Mississippi Rivers Railroad Company is hereby exempted
tercit? nt ° f m " from the payment of the interest cm that portion of the
Two Per Cent. Fund loaned to said company by the acts
approved 9th February, 1852, and 8th February, 1858.
Approved, February 24, I860.

No. 40.] AN ACT

To allow James H. Owens, of Choctaw county, to extend
his Sixteenth Section Debt.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That James H. Owen, of Choctaw county, be, and he is
hereby allowed to extend his indebtedness to section 16,
township 14, range 1, west, by executing his notes with
approved security, in four annual payments to the Trustees
as provided now by law, ^nd that he be allowed to add the
interest to the principal so as to make the whole sum due
principal: Provided , if any costs has accrued on said debt,
in consequence of any suit heretofore instituted, the same
shall first be paid by said Owen, any law to the contrary
notwithstanding.

Approved, February 25, 1860.

No. 41.] AN ACT

To compel the Owners or Millers of Steam Grist Mills, in

Jackson county, to make good merchantable meal.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That any owner or owners of any Steam Grist Mill, in the
county of Jackson, who may avail himself or themselves
of the benefit of an act approved February 18th, I860,
allowing the owners of Steam Grist Mills in said county to
take the sixth as toll for grinding, shall be compelled to
make good merchantable meal for their customers, and
failing to do so, shall be liable for damages to the owner of
the grist, to be recovered, as in all other cases of damages.
Approved, February 24, 1860.

35 1859-m

No. 42.] . AN ACT

To allow creditors without leins to file bills for the collection
of debts, in certain cases.

. Sec. 1. Be it enacted by th£ Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened.
That a creditor, without a Jein may file a bill in the Chan¬
cery Court, to subject to the payment of his debt, any
property, which had been fraudulently transferred, or
attempted to be fraadulently conveyed by his debtor.

Sec. 2. Be it further enacted , That all laws and parts of
laws, inconsistunt with the proceeding section be repealed.
Approved, Feb. 24, 1880.

No. 43.] AN ACT

To collect and loau a portion of the Two Per Cent?! Fund.

Sec. 1 . Be it enacted by the Senate and House of Rtpresen - ControUer
tatives of the State of Alabama in General Assembly , convened ,

That the Controller of the State is hereby instructed to
collect nine thousand four hundred and seventy-seven dol¬
lars and forty-seven cents, loaned to the Marengo Plank
Hoad Company, on the thirteenth day of December, plank

1853, under the provisions of an Act passed on the 9th
February, 1850; and in the event the aforesaid sum has
not been used to build, construct, or to keep in repair the
aforesaid road, the Controller is further instructed to
demand and collect of the parties holding and controlling
said fund, eight per centum interest per annum upon the
same, from the time said money was paid to said Marengo
Plank Road Company.

Sec. 2. Be it further enacted, That the sum collected
under the provisions of this Act from the “Marengo Plank
Road Company,” is hereby loaned to the Alabama and
Mississippi Rivers Railroad Company until the 13th day of Conditi,m *
December, 1863, at five per centum interest per annum;
and upon the further condition, that said money shall be
faithfully used and applied to extend said Alabama and
Mississippi Rivers Railroad westward, in the dilution of l6teru,t
Meridian; and at the expiration of the loan herera made
to the Alabama and Mississippi Rivets Railroad Company,

1859-60.

the said sum, with the interest accruing thereon, is hereby
donated to the Alabama and Tennessee Rivers Railroad
Company.

j±¥PHu\'E i), Feb. 25, 1860.

No. 44.] AN ACT

To regulate the trial of Assaults and Batteries, and AO rays.

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
T1 iat on the trial oi any indictment for an assault, or an
assault and battery, or an a if ray, the defendant may give
in evidence to the jury, any approbrious words or abus¬
ive language used by the person assaulted or beatui, tit or
near the time of such assault or affray, and such words or
language may or may not amount to a justification, accord¬
ing to the nature or extent of the assault or "battery, and of
the words, all of which shall be determined by the jury.
Approved, January 25, 1860.

No. 45.j AN ACT

To provide for an efficient Military organization of the

State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represen -
tatives of the State of Alabama in General Assembly, convened ,
That there shall be enrolled, under the provisions of this
Act, not more than eight thousand men, who shall be
volunteer corp*. st y \^ ( ] « the Volunteer Corps of the State of Alabama,” and
shall be furnished as follows : From the county of Autauga,
155 men; Barbour, 245 men; Baldwin, 46 men; Bibb,
100 rnen ; Cherokee, 140 men ; Choctaw, 86 men ; Clarke,
100 men; Coffee, 60 men; Conecuh, 96 men; Coosa, 150
men ; Covington, 44 men; Dale, 65 men ; Dallas, 800
men; Blount, 76 men; Butler, 100 men; Chambers, 200
men; Colhoun, 170 men; Marion, 70 men; Marshall, 90
men; Mobile, 750 men ; Monroe, 120 men; Montgomery,
300 men; Morgan, 100 men; .Ferry, 200 men; Pickens,
200 men ; Pike, 164 men ; DeKalb, 85 men; Fayette, 100
then; Franklin, 200 men; Greene! 800 men; Henry, 93

1859-60.

men; Jackson, 145 men; Jefferson, 92 men; Lauderdale,

170 men ; Lawrence, 150 men ; Limestone, 150 men ;

Lowndes, 200 men; Macon, 2*>0 men ; Madison, 250 men;

M arengo, 250 men; Randolph, 120 men; Russell, 200
men; Sr. Clair, 70 men; Slnlby, 100 men; Sumter 200
men; Talladega, 100 men; Tallapoosa, 160 men; Tusca¬
loosa, 150 men ; Walker, 54 men; Washington, 50 men;

Wilcox, 150 men ; Winston, 44 men.

Sko. 2 Be if farther enacted, That whenever any num¬
ber of men, not less than forty-four nor more than eighty,
all of whom shall be over eighteen years of age, and able
bodied men, shall be desirous of organizing a company
under the provisions of this Act, they shall enroll their
names and proceed to the election of company officers, who •
shall immediately transmit to the Governor a ro l of the of men
company and officers elected, with the name of the com¬
pany under oath of the Captain, and one or more Lieuten¬
ants, and the Governor shall thereupon issue commissions
to the Captain and Lieutenants of such company, and the
same is thereby constituted a part of the volunteer corps
of the State of Alabama.

Skc. o. Ik it further enacted , That the volunteer com¬
panies heretofore organized and incorporated by the various
Acts of the General Assembly, may become a part of the
volunteer corps hereby intended to be established by filing
with the Governor a roll of such company, designating its ^ * i,h
oineers, and asking to become a part of the volunteer
corps <>f the State, all of which shall be sworn to by the
Captain and one or more Lieutenants; and the Governor
shall, thereupon, issue commissions to the Captain and
Lieutenants, and such company is thereby eons'it-uted a
part of the volunteer corps of the State of Alabama : Pro¬
vided, The companies chartered at the present session of
the Legislature, accepting the provisions of this Act shall
not be exempt from road service.

Sec. 4. Be it further enacted, That all volunteer compa¬

nies constituting the volunteer corps of the State of Ala¬
bama, so soon as th$y are commissioned, under the

Provision# of act.

provisions of this Act, $re incorporated under their severa T
names, respectively, and by such names may sue and be
sued, plead and be impleaded, buy and sell, and do all
other acts which bodies corporate may of fight do and
perform, not inconsistent with the provisions of this Act;
they shall be exempt from military duty, except as herein
provided. A certificate from the commanding officer of

any company, certifying that the bearer is, and has been

an acting member of such company in full uniform'for six
months, shall entitle such member to said exemption. The
Governor shall immediately supply all the companies
,, organized under this Act, with arms and accoutrements,

riy arm*. upon the execution of bonds by the officers of such com¬

pany with proper security, payable to the Quarter-Master
General of the State for the return of the same, should such
company disband or a majority of it fail to answer a call to
actual service.

Sec. 5. Beit further enacted. That each mmber of the
volunteer corps shall be 3iable to do patrol duty, when
detailed by the proper officer of his company, and shall
when! duty ’ have the same powers and privileges, and be subject to the
same liabilities as are now or may hereafter be provided by
law for the patrols of this State.

Sec. 6 . Be it further enacted , That there shall be to each
company one Captain, three Lieutenants, four Sergeants,
four Corporals, one Clerk, who shall act as Judge Advo¬
cate, one Treasurer and Collector, and two Musicians, all
of whom shall be elected by the company, voting by ballot,
and shall hold their office for the term of two years, unless
legally removed; it shall be the duty of each Captain or
officer in command of a company to enforce strictly within
Duties his company, the military laws of this State. He shall

assemble his company at least twelve times a year, for
public parade and instruction, and shall drill and exercise
it in the school of the soldier and company; he shall, be¬
tween the first day of October and the first day of Novem¬
ber of each year, make out and transmit to the Adjutant
General of the State, a full and complete return of the
actual condition of his company, showing the number of
active members, the number, kind and condition of the
arms, and all other military stores or property of the State
in possession of his company. He shall at each muster,
detail a Court Marshal, to try all defaulters in violation
of Military Discipline, or breach of the by-laws of the
company.

Sec. 7. Be it further enacted, That each company organ¬
ized under the provisions of this Act, shall establish such
rules and regulations for their own government, and for
Rules ami regu- the enforcement of company regulations as they may deem
lalions ' proper, not inconsistent with the provisions of this Act, or

in anywise restraining the enforcement of the strictest
Military Discipline.

Sec. 8 * Be it further enacted, That the Clerk shall keep
a list, showing the amount of the fines assessed against each

member of the company, by each Courts Marshal, which
list shall be certified by the President of the Court, and
countersigned by the Clerk, and then presented to the
Captain of the company for his approval, and when
approved by him shall have the force and effect of an exe¬
cution at law, and it shall be the duty of the Treasurer to
collect the same, and for that purpose he is invested with
power to levy upon and seize any property of such defaulter,
and sell the same as Constables are now by law authorized
to levy upon and sell property under execution; and if any
fine is not collected, such certificate may be re-issued by
the Clerk from time to time, until the same is paid; and all
fines collected shall constitute a part of the company fund.

Sec. 9. Be it further enacted , That the Tax* Collector of
of each county in this State, shall annually collect from
each white male citizen ol this State, between the ages of
eighteen and forty-five the sum of twenty-five cents, as a
military tax, except only those who belong to the vol¬
unteer corps, or have performed militia duty under the Mtl .

, 1 * . . 0 * i i J ' i. Military tax

militia laws or this State, during the last preceding tax
year, and lor the purpose of enabling the Tax Collector to
determine who are entitled to theexemption herein named;
it shall be the duty of the Captain of each volunteer com¬
pany, and of any organized militia company, to file with
the Tax Collector a list of their companies under oath,
naming the persons who have actually performed their
duty as required by law, as members of such volunteer or
rmlitia company, and the Tax Collectors shall receive no
other proof of such exemption, and he shall also collect
from each tax payer, except those who are enrolled in the
volunteer corps, under this Act, and those who have
actually performed militia or military duty under t e laws
of this State, to be ascertained as above in this section pro¬
vided five per cent, on his, her or their state tax, which
shell be kept separate and paid over to the Controller of
the State,,as a military fund: and any person, not a mem¬
ber of the volunteer corps, desirous of exempting himself
from the performane of militia duty, shall pay to the Tax Exemption.
Collector five dollars, and also ten per cent, on the amount
of his state tax, as a commutation tax ; thereupon the Tax
Collector shall give him a receipt for the same, which shall
be received as evidence before any Court or Courts Martial,
and secure such person an exemption from the performance
of militia duty for the next succeeding twelve months, and
also from the payment of the military tax for the year for
which the commutation tax is paid.

1859-60.

Forfeiture.

Fund.

Company fund.

No. of men, Ac.

Warrant.

Sec. 10. Be it farther enacted, That it shall be the duty
of each Tax Collector to enter the names of all )>er$ons
paying military or commutation tax, in a book kept for
that purpose, which shall be deposited in the office of the
Judge of ; rebate, with, the tax books, and to send a copy
therefrom, and ai$o of the rolls of the volunteer and militia
companies under oath to the Controller of Public Ac¬
counts, to whom he shall pay over said military and com¬
mutation tax, for which service he shall be entitled to the
same compensation as now provided for the collection of
the State tax ; and for any default or failure to discharge
any of the duties required of him by this Act, he shall
forfeit the sum of one hundred dollars, to lie recovered
before any Court of competent jurisdiction, one-half for the
use of the county, and the other half for the use of any
p ivon suing for the same, and he and his securities on Ins
official bond shall be liable for all the moneys collected
under the provisions of this Act, in the same manner and
to the same extent as they now are or may hereafter be for
State taxes.

Sec, 11 . Be it further enacted , That the Controller of
Public Accounts shall keep an account of the military and
commutation tax, paid to him by the Tax Collectors of the
several counties, as a military fund.

Sec. 12. Be it further enacte d That each company form¬
ing the volunteer corps of the State of Alabama, shall
annually receive as a company fund, for defraying a part
of the necessary expenses of such company, as follows:
Artillery and Cavalry, at the rate of seven dollars per
man; infantry, five dollars per man, for each active mem¬
ber of such companies.

Sec. 13. Le it further enacted, That to entitle any volun¬
teer company to receive any portion of the military fund,
there must be a list of such company filed with the Adjutant
General of the State, stating the number of men, including^
officers, who have been continuously active members of
such company fi r twelve months, last proceeding, which
statement must be sworn to by the Ceptain and one Lieu¬
tenant, before some civil officer, qualified to administer
oaths; the Adjutant General shall thereupon certify the
number to the -Controller of Public Accounts, which cer¬
tificate shall be countersigned by the Governor; the Con¬
troller of Public Accounts, shall thereupon draw his warrant
on the Treasury for such sum as will be at the rate of seven
dollars per man, if said company be Artillery or Cavalry,
and at the rate of five dollars per man, if it be an Infantry

41 1659^60.

company, in favor of the Captain of the same, to be paid
out of'the military fund, and if there should not be a sufii-
cient amount of the military fund in the treasury to pay
the sums above specified per man, then the same shall be
paid out prc rata. *

Sec. 14. Be it farther enacted , That should any county
fail to supply the number of men allotted to it within six
months alter the passage of this Act, any other adjoining
county may supply such deficiency, and any adjoiningDeft^teucy.
county failing to supply the number allotted to it within
twelve mouths from the passage of this Act, any other
county may supply such deficiency.

Sec. 15. Be it further enacted, That the volunteer corps Control of the
raised under the provisions of this Act, shall be subject Gover,h>r ‘
only to the order, direction and control of the Governor,
ttnless they should be called into actual service, and then
they may elect their own field officers.

Sec. 16. Be it further enacted , That the number of men
to be furnished from the county of Mobile, may be made
up in part by the acceptance of the service!* of the first
Volunteer Regiment of Alabama, in said county, and com* county of MobHe.
nmtided by its present officers, and their duly elected suc¬
cessors: Provided , The companies composing said Regiment
shall, within six months after the passage of this Act,
comply with the provisions of the third Section thereof.

Sec. 17. Be it further enacted, That the Governor, Adju¬
tant and Inspector General, and the Quarter Master Gene¬
ral, are hereby constituted a Military Commission, who
shall have power to make such additional rules and regu- Com *
lations for the purpose of carrying out the provisions of
this Bill, as they may deem proper;.they shall also adopt
a State Flag, and prescribe a uniform for the volunteer corps.

Sec. 18. Be it further enacted , That it shall be the duty
of the Governor, either in person or through the Adjutant
and Inspector General to review each company organized
under the provisions of this Act, either as a company or R ' >Tielr '
in battalion or regimental line, once during his term pf
office, but he shall not for this purpose order the companies
out of their respective counties.

Sec. 19. Be it further enacted. That the sura of $200,000,
if necessary, is placed at the disposal of the Governor, to
enable him to carry out the provisions of this Act* but it
shall not be lawful for him to expend for arms in behalf of
any company, exefept artillery companies, a greater sum
than $25 per man, of such company.

Approved, February 24, 1860.

1859-60.

Code.

Insertion.

No. 46:] AN ACT

To prevent Homicides.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That sections 1938 and 1939 of the Code be, and the same
are hereby repealed: Provided , that this act shall not in
any way afiect any pending suit or right of action which
may now exist.

Sec.. 2. Be it further enacted, That in place of the sections
of the Code hereby repealed, the following words be in¬
serted, that when the death of a person is unlawfully caused
by another, the personal repr^entAtive of the deceased
may maintain an action against the latter at any time within
two years thereafter, and may recover such sum as the jury
deem just, and the amount so recovered, shall be distributed
as personal property of an intestate as is now distributed,
and shall not be subject to the payment of the debts of the
deceased.

Sec. 3. Be it. further enacted, That the right of action
hereby given shall survive against the personal representa¬
tive of the person unlawfully causing the death as aforesaid.

Approved, February 21, 1860.

No. 47.] AN ACT

To prevent the unauthorized sale of Lottery tickets in the

State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That from and after the passage of this Act. it shall not be
lawful for any person to sell tickets or shares in $ny lottery
not chartered under the authority of tins State, and any
person violating the provisions of this Act, shall, on con¬
viction, be fined not less than one hundred, or more than
two thousand dollars for each ticket or share thereof so
Sold.

Approved, February 21,1860.

No. 48.] AN ACT

To regulate the pay of Jurors in cases of change of venue.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,

That from and after the passage of this act, when any State

case is commenced in any county in this State, and the € f wnH ' nce ’ aent

venue is changed, or the ease is removed to another county

for trial, the county in which the alleged act was eomrnited,

or where the suit was commenced shall be chargeable with

all the costs accruing from said suit, jury tickets included,

Sec. 2. Be it further enacted , That it shall be the duty of
the clerk where the suit is tried, to set out in each jury
ticket, on the face of each ticket the parties to the suit, and
that it shall be the duty of the Treasurer where the suit is of cWk
tried, to pay off said jurors, taking a receipt on the back of and tre * i,l * rer ’
each ticket. It shall then be his further duty to make a
demand of the Treasurer of the county from which the
case has been tried, whose duty it shall be to reimburse
the amount so expended, taking the first Treasurer’s receipt
for the same.

Sec. 3. Be it further enacted , That this act shall apply to
all cases now pending in any Circuit Court in this State
under change of venue, heretofore made.

Approved, February 14, 1860.

No. 49.] AN ACT

To regulate the pay of Grand and Petit Jurors, in certain
counties—the pay of Jurors in the Probate Courts of
the State, and to provide far the prompt payment of such
J urors.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That hereafter the pay of G rand and Petit J urors, in the
several counties herein named, shall be as is herein provi¬
ded : In addition to ferriages, five cents for each mile
traveled by such Jurors in going to and returning from *****
Court; such Jurors shall each receive for their services aS
such in the counties of Conecuh, Shelby, Bibb, Monroe,
Fayette, Randolph, Henry, Macon, Coffee, Sumter, Choo-
taw, Lawrence, Dallas, Limestone, Franklin, Morgan, Coosa

1859-60.

Pay.

Fund.

and Lauderdale, two dollars per day; in the counties of
DcKalb, Blount and Covington, one dollar and fifty cents
per day.

Sec. 2. Be it further enacted , That Jurors in the Courts
of Probate in each county m this State shall receive for
their services as such, each the sum of one dollar per day
and the mileage and ferriages allowed to Grand and Petit
Jurors; which allowance shall be taxed b the Judge of
Probate in the bill of costs, and paid by the unsuccessful
party to the issue' as other costs in the Courts of Probate
are paid, and execution may issue therefor.

Sec. 3. Be it further enacted, That it shall be the duty of
the County Treasurers of the several counties named in the
first section of this act, after the claims now registered
against their respective counties shall have been paid, to
set apart, out of the cash revenues of their respective coun¬
ties lrom time to time, a sufficient fund to pay the Grand
and Petit Jurors of said counties at the end of their ser¬
vice as such, and if any of said County Treasurers shall
fail to comply with the requisitions of this section, they,
and their securities on their official bonds, may be sued
upon such Juror.-’ certificates before any Justice of the
Peace having jurisdiction of the paities, and on proof of
the payment of the claims now registered against said county,
and that a sufficiency of cash assets have corne into the hands
of such Treasurer,-the holder of such Juror’s certificate,
shall recover judgment against such Treasurer and such of
his securities as shall have received, three days’ notice of the
suit.

Approved, February 6, 1860.

No. 50.] AN .ACT

To regulate Election Districts, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Represent-
atioe-s of the State of Alabama in General Assembly convened ,
That hereafter the several Courts of County Commissioners
in this State, shall have the power to e stablish two places
of voting in the same Election District, when they think it
necessary to the convenience of the voters therein : Provi¬
ded, That mo change shall be made in less than thirty days
before am election.

1859-60.

SfiC. 2 Be it further enacted, That all laws and parts of
laws contravening the provisions of this act be, and the
same are hereby repealed. *

Approved, February 25, 1860.

No. 51.] AN ACT

To authorize the issuance of Civil Process on Sunday, in

certain cases.

Sec. 1 . Be it enacted In/ the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That from and after the passage of this act, it shall be law¬
ful to issue bail, or attachment process on Sunday for the
collection ol debts in this State, if the plain tiff, his agent
or attorney, in add ill >n to the oath now prescribed by law
for the issuance of such process, make affidavit that the
defendant is absconding or about to abscond, or about to
remove his property from the Suite undercover of Sunday,
by reason of which the debt will probably be los , or he
will have to sue for it another State. The plaintiff must
also give surety for costs in bail and bond in attachment
cases, the same as now provided by law.

Sec. 2. Be it further enacted, That when the plaintiff, his
agent or attorney, complies with the first section of this act,
it shall be the duty of the Clerk of the Court having juris¬
diction, or the Justice of the Peace, to issue such process,
and the sheriff or other officer must execute the same, as in
other cases.

Approved, February 28, 1860.

No. 52.] AN ACT

To prevent stock from being killed by dogs.

Sec. 1. Be it enacted by the Senate and House of Represent
atives of the State of Alabama in General Assembly convened ,
That from and alter the passage of this act, it shall not be
lawful for any person to keep any dog which has been
known to kill or worry sheep, or other stock, without being
set upon such sheep or other stock by some person, and if
any person keeps such dog after being informed of the fact,

that it has killed or worried any sheep or stock without
being set upon the same by some person, be shall be liable
for double the value of all stock thereafter killed or injured
by such dog, to be recovered by the owner of such killed
or injured stock, before Court of competent jurisdic¬
tion, and no action shall be maintained against any one for
killing such dog.

Sec. 2. Be it further enacted , That all laws and parts of
laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, February 28. i860.

7 v ’

No. 58.] . AN ACT

To provide for the burial expenses of the poor.

Sec. 1. Be it enacted by the Senate and House af Represent*
olives of the State of Alabama in General Assembly'convened,
That from and after the passage of this act, upon the
decease of any person or persons, having no estate them¬
selves nor relative in the county with ability nor estate
adequate to defray bis, her, or their necessary burial expen¬
ses, such expenses shall, and the same is hereby declared
to be a charge upon the county in which such demise
shall take place.

Sec. 2. tie it further enacted , That in the event of a death,
as contemplated in the preceding section, the Court of the
County Commissioners upon the presentation of the account,
properly verified, shall make an order requiring the pay¬
ment of the necessary burial expenses to the party or par¬
ties by whom the same may be incurred.

Sec. 3. Be it further enacted, That all laws and parts of
law's contravening the provisions of this act be, and the
same are hereby repealed.

Approved, February 23, 1860.

1859-60.

No. 54.] AN ACT

To authorize the Coroners of this State to appoint Bailiffs,

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in Genei'cd Assembly convened ,
That whenever it becomes necessary for any Coroner in
this State to hold an inquest over a dead body, such Coro¬
ner shall have power, in cases of emergency or necessity,
to appoint a special Bailiff, whose duty it shall be to attend
such inquest, to serve subpoenas on witnesses, and to do
any other act properly pertaining to the office of Bailiff,
anti for each day’s service in j-ttendance on such inquest,
such Bailiff shall be entitled to receive the same compen¬
sation now allowed by law for like services rendered by
Sheriffs or Constables, to be paid out of the County Treas¬
ury, on satisfactory proof of the performance of such
services.

Approved, February 15,I860.

No. 55.] AN ACT

To authorize the erection of Water Grist Mills which grind

for toll.

Sec. 1. Be it enacted by the Sernate and House of Represent -
a lives of the State of Alabama in General Assembly convened ,
That clams for water grist mills that grind for toll, may be
authorized and erected by proceeding as is pointed out in
chapter 8, title 6, part 2, of the Code of Alabama, and all
the provisions of said chapter, so far as they can be made
to apply to water grist mills that grind for toll, or to dams
therefor, are hereby declared to be applicable thereto in as
full and complete a manner as if they were herein set out,
^nd expressly applied to said mills and dams.

Sec. 2. Be it further enacted, That all mills established in
pursuance of this act, shall be subject to the provisions of
chapter 9, title 18, part 1, of the Code of Alabama.

Approved, February 24, 1860.

To place the Widow# of deceased persons upon an equality
with other distributees of their estates.

SEC. i . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That ia all cases where the widow of a deceased testator
has duly dissented from her husband’s will, she may peti¬
tion the Probate Court, in which letters testamentary have
been granted, after the expiration of eighteen months from
the probate of the will of her deceased husband, k>r the
distributive share which she may be entitled to receive from
said estate; and if she be dead, her administrator or exec¬
utor shall have the same remedy.

Approved, February 2, 1860.

No. 57.] AN ACT

To exempt persons exhibiting shows on the Fair Grounds
of the Alabama State Agricultural Society during their
annual fair, from certain penalties.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That persona who exhibit shows of any description within
the enclosure of the Fair Grounds, belonging to the Ala¬
bama State Agricultural Society, during the continuance-Of
afcy Annual Fair, of said Society, under a license from said
Society, shall not be liable for such exhibitions to any pen¬
alty or tax, either State or county.

Sec. 2, Be it further enacted , That retailers of spirituous
liquors, licensed to'retail within the county or city of Mont¬
gomery, by the laws of the State, who retail during the
continuance of any Annual Fair, within the enclosure of
the Fair Grounds of said Society, under permit from the
said Society, shall not be liable to any penalty or tax for
Audi retailing.

Approved, February 24f, 1860.

No. 53.]

AN ACT

To increase the fees of Coroners.

Sec. 1 . Be it enacted by the Senate and House of i 'Represent¬
atives of the State of Alabama in General Assembly , convened ,
That in addition to the fees at present allowed Coroners, as
provided in section 3994 of the Code of Alabama, they be
allowed the further sum of ten cents a mile, for each mile
traveled to and from any place of holding an inquest
Approved, February 21, 1860.

No. 59.] AN ACT

To exempt certain property from Levy and Sale.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, it shall not be
lawful for any Sheriff, Constable, or Other officer, to levy
any execution, or other legal process upon any growing or
ungathered crop of any description whatsoever: provided ,
That nothing herein contained shall be construed to effect
the lien of landlords for rent, as now fixed by law.
Approved, February 21, 1860.

No. 60.] AN ACT

To authorize the State Treasurer to purchase a Fire Proof

Safe.

Sec. 1 . Be it enacted by the Senate and House of Rep'resent-
atives of the State of Alabama in General Assembly , convened ,
That the State Treasurer be, and he is hereby authorized
to purchase for the use of his said office, a fire proof safe ;
and that the Controller of Public accounts issue his warrant
on the State Treasurer to pay for the same: Provided\ the
sum shall not exceed three hundred and fifty dollars.
Approved, February 1, I860.

No. 61.] AN ACT

To compel the County Treasurers to keep their offices within
a mile of the Court House.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That from and*after the passage of this act, it shall be the
duty of the several County Treasurers in this State, to
keep their offices at or within one mile of the Court House
of their respective counties.

Sec. 2. Be it further enacted, That this act shall not be
so construed as to affect the present incumbents, until their
present term of office expires.

Approved, January 26, 1860.

No. 62.] AN ACT

To Cede to the United States title and jurisdiction over a

certain Island in the Gulf of Mexico on the coast of

Alabama,, known as Tower Island, and for other
purposes.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General Assembly , convened ,
That for the purpose of enabling the United States to carry
into effect an act of Congress of March 3rd, 1857, providing
for fortifications for the defence of the inner passes into
Mobile Bay (known as Grant’s Pass, and Pass au Heron) by
building and making such forts, magazines, arsenals, dock¬
yards, wharves, and other structures, with their appendages
as may bo necessary for the object aforesaid, jurisdiction is
hereby ceded to the United States over the said “ Tower
Island,” to include all the contiguous shores, flats and
waters within one thousand yards from low water mark,
and all the right title and claim which this State may have
in or to the said “Tower Island,” are hereby granted to
the United States: Provided , however, the jurisdiction
ceded by this act shall not prevent the execution on such
ceded premises* of process civil or criminal under the
authority of this State; nor prevent the laws of this State
from operating over said island, shores, flats and waters,
saving to the United States security to their property within
the limits of the jurisdiction ceded, aud exemption of the

same, and of such knd and property from taxation under
the authority of this State during the jurisdiction ceded by
this act.

Approved, December 9, 1860.

No. 63.] AN ACT

To protect Guardians.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama in General Assembly convened ,
That all persons indebted to Guardians, by note or account,
and who fail to pay the same at maturity shall be liable to
compound interest thereon, and upon all suits by guardians
hereafter instituted, they may recover by law compound
interest by judgment, and the same shall be computed from
the date of judgment up to the payment: Provided, that
this act shall only apply to contracts hereafter to be made.

Approved, February 24, 1860.

No. 64.] AN ACT

To authorise Guardians of non-resident persons of unsound
mind, to receive in this State personal property of such
persons.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale of Alabama in General Assembly convened ',
That when any person residing without the State, shall
have been declared by a court of competent jurisdiction in
the State of his residence, a lunatic non compos mentis, or
of unsound mind, anda guardian appointed for such person,
and such person shall have personal property in this State,
it shall and may be lawful for such guardian to receive such
property, upon producing to the Court of Probate of the
county in which such property is, an authenticated trans¬
cript of the proceedings declaring such person of unsound
mind, and of his appointment as such guardian, and proving
to the satisfaction of said Probate Court that he has given
bond with surety in a sufficient amount to secure the said
property, which transcript shall be recorded in the said
Court of Probate, and shall as recorded, be evidence in any

1859~’60.

of the courts of this State, of the authority of such guar¬
dian to receive saeh property, and a delivery of such prop¬
erty to such guardian, after the recording ot such transcript
shall be a complete bar to any claim of such person of
unsound mind, against the person delivering the same.

Approved, February 25, I860.

No. 65.] AN ACT

To compensate Surgeons and Physicians for attending

Coroner’s inquests.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
ative* of the State of Alabama in General Assembly, convened,
That whenever any Surgeon or Physicion shall be sum¬
moned to attend any Coroner’s inquest, and shall, in obedi¬
ence to such summons, attend and give a professional
opinion, or make a professional examination, he shall be
entitled to receive for his services such sum as the Probate
Judge of the county oil proof made before him, may deem
just and reasonable, whiili amount shall constitute a claim
against the county, and shall be paid out of the eounty
funds, on the certificate of the Probate Judge.

Sec. 2. Be it further enacted, That the act approved Feb¬
ruary 14th, 1856, entitled “an act to compensate Surgeons
and Physicians in certain cases,” and all other acts contra¬
vening the provisions of this act be, and the same are hereby
repealed.

Approved, February 15, 1860.

No. 66.] AN ACT

Authorizing the qualified voters of each county, to elect a
Tax Assessor for the term of two years.

Sec. 1 . Be it enacted by the Senate and House of Represent *
atives of the State pf Alabama in General Assembly, convened,
That there shall be elected by the qualified voters of each
county, oft the first Monday in August, 1861, and every
two years thereafter, a Tax Assessor, who shall hold his
office for the term of two years, begining on the first day
of September hoxfc after his election.

' Sec. 2. it farther enacted That all laws, and parts of

5S 1859-60.

laws contravening tbe provisos of this act, are hereby
repealed: “ Provided , however, that this act shall not apply
to the county of Walker,” or to $ny other county in whien
by law the offices of Tax Collector and Assessor have
heretofore been consolidated, or to any county in which the
Sheriff is by law made Tax Assessor.

Approved, February 21, 1860.

No. 67.] AN ACT

The* more effectually to secure and collect fines and for¬
feitures, and for other purposes.

SEC. 1. -Beit enacted by the Senate and Home of Represent *
ativesof the State of Alabama in General Assembly , convened ,

That it shall be the duty of the several Solicitors of this
State, after judgment is rendered for any fine or forfeiture,
to superintend the collection of the same and receive and »ut* of solicitor
pay over the sums collected to the county treasurer; and in
all cases where the sheriff or other officer, whose duty it is
to make the money on any execution issued on any such
judgment, fail to perform his duty as required by law, it
shall be the duty of the solicitor of the circuit, to rule such
officer for said neglect.

SEC. 2. Re it further enacted , That the compensation of
the solicitor for their services, shall be five per cent, on the Compell " ahon '
amounts paid over by them to the county treasurer.

Sec. 3. Beit farther enacted , That in all State cases where
the defendant is insolvent, the solicitor’s fee shall be paid
out of the fine and forfeiture fund, if their be a balance of Provided,
said fund equal to the same: Provided, That no Compensation
be allowed to the Attorney General or Solicitors under this
act, except in cases where the sheriff has in the first instance
failed to make the money, or the sheriff or other officer,
having received the fine or forfeiture, has failed to aefcount
for tbe same.

Approved, February 25, 1860.

1859-m

No. 68.] AN ACT

To loan and appropriate the three percent, fund and its

interest.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Slate of Alabama in General Assembly, convened ,
That the sum of eight hundred and fifty-eight thousand
four hundred and ninety-eight dollars, is hereby declared
to be the amount due, as principal and interest from the
State to the three per cent, fund, of which sum, one
hundred and ninety-five thousand three hundred and sixty*
three dollars, is the balance due as a loan to the Tennessee
and Coosa Railroad Company, under an act approved 17th
Tennessee and February, 1854, which said loan is ratified as prescribed in
r°°co. lUers ‘said act, and the balance of said three per cent, fund
amounting to six hundred and sixty-three thousand one
hundred and thirty-five dollars, is loaned and appropriated
as is hereinafter enacted.

Sec. 2. Be it further enacted, That the sum of two hun¬
dred and eighteen thousand dollars of said fund be loaned
to the North-East and South-West Alabama Railroad Com¬
pany ; that the sum of seventy-five thousand dollars of the
somh-west auu same fund be loaned to the Wills Valley Railroad Company.
R. n. Co. ami that the sum of two hundred and twenty-five thousand
dollars of the same fund be loaned to the Alabama and
Tennessee River Railroad Company ; that the sum of forty
thousand dollars of the same fund be loaned to the Selma and
Gulf Railroad Company ;tbat the sum of twenty five thousand
dollars of the same fund be loaned to the Cahaba, Marion
and Greensboro’ Railroad Company; that the sum of fifty
thousand dollars of the same fund be loaned to the Opelika
and. Oxford Railroad Company; and that the sum of thirty
thousand dollars of the same fund be loaned to the Mont¬
gomery and Eufaula Railroad Company, all on the terms,
and with the stipulation and 'conditions hereinafter
prescribed.

Sec. 8. Be it further enacted, That the loans authorised
and specified in the second section of this act, shall be for
rive yeam. the term of five years, and shall bear interest at the rate of
six per cent, per annum, which interest shall be payable
semi-annually at the treasury of the State. •

Sec. 4. Be it further enacted. That before receiving the
loans authorized to be made to the said Railroad Com¬
panies respectively, as provided in the second section of
this act, said companies respectively—each acting for itself

56 im-Wi

—shall execute a bond to the State, in double the amount
of the sum, to be received in each ease, conditioned to pajraond.
to the State the. sum to be received five years after date,
and to pay interest thereon semi-annually from and alter
date at the rate of six per cent, per annum, which bonds,
in each case, shall be in proper form to be prescribed by
the Governor, and shall be well and amply- secured t6 the
satisfaction of the Governor, by mortgage or deed of trust,
and such other security as the Governor in his discretion
shall require if in any case he shall deem other security Govern<>^,
necessary or proper,; which mortgages or deeds of trust
shall cover and include the railroads of the respective
companies, with their appurtenances and franchises, and
shall be in such legal form, and shall contain such conditions
and provisions as the Governor in his discretion may deem
proper to prescribe, to render said mortgages or . deeds of
trust as effectual and convenient as security to the State,
as practicable, includingstiuplations for the enforcement of
the lien of the State, by sale of the premises, in the mort¬
gages or deeds of trust in any case of default, in such
manner and form as the Governor may deem best.

Sec. 5. Be it further enacted , That the sum of one bun-:
dred and seventy-three thousand nine hundred and forty
dollars, be and the same is hereby appropriated, to be paid Tann am}
to the Tennessee and Alabama Central Kail road Company, central r. r.c*.
as follows, to-wit : To be paid in six semi annual install¬
ments, of fifteen thousand seven hundred and twenty-eight
dollars each for the first three years, and in four semi¬
annual installments, of nineteen thousand eight hundred
and ninety-three dollars each for the two next succeeding
years, so as to make in all ten semi-annual installments,
extending through five years, commencing with, and corp-
puting from the payment of the first installment, to be paid
on the cxmditions-vbereinafter enacted, to be expended by
the said Tenttesse% and Alabama Central Railroad Com¬
pany, in grading and preparing for the superstructure that
part of the railroad which lies between the towft of Decatur
and the point of intersection of said railroad with the Ala¬
bama and Tennessee Rivers Railroad, at or near the town of
Montevallo, in the county of Shelby.

Sec. fi. Be it further enacted^ That as a condition precedent
to the payments authorized in the fifth section of this act,
the said Tennessee and Alabama Central Railroad Company Decatur -
shall within twelve months from the passage of this act, in
good faith commence the grading of that part of their rail¬
road which lies between the town of Decatur and the point

1859-* 60* 56

on the Alabama and Tennessee Rivers Railroad, at or in the
Moutevaik). vicinity of Montevsdlo,. at which said Tennessee ami
Alabama Central Railroad shall reach or touch said Ala¬
bama aod Tennessee Rivers Railroad, and shall put to work
in constructing or grading the portion above specified of
said Tennessee and Alabama Central Railroad, within twelve
months from the passage of this act, at least two hundred
good and effective hands with- all necessary and proper
equipments of tools, carts and mules, or. horses, for the
number of hands to be employed on said work.

Sec. 7. Be it farther' enacted. That before the said Ten¬
nessee and Alabama Central Railroad Company shall receive
the first semi annual payment, specified and authorised in
Shall give bond. *h e &fth section of this act, they shall give bond in double
the amount to be received, payable to the State with good
and ample security to be approved by the Governor, condi¬
tioned that the sum to be received shall be well and faith¬
fully expended in the construction of said above designated
portion of their said railroad ; and with the further condi¬
tion that the sums so received, by virtue of the fifth section
of this act, shall be refunded to the State : Provided , The
provided. eaid company shall fail to complete their grading as afore¬
said, within five years from the time said grading is com¬
menced; and shall produce to the Governor satisfactory
evidence that at least two hundred good aud effective hands
with necessary outfit or equipment of took, carts, mules or
horses, as aforesaid, have been steadily employed for at
least six months, next preceding the application for the pay¬
ment, in working upon the said portion of their said rail¬
road, and the same bond and security shall be given, and
the same proof of work shall be made prior to the receipt
of all the other payments, authorized and specified in the
fifth section of this act, and next preceding each applica¬
tion. But should said Tennessee and Alabama Central
Double,treble, or Railroad Company, double, treble, or increase their force
increase force. g0 ag to finish or complete the grading of said portion of
their railroad within a shorter period than five years, then
and iu that event the semi-annual payments, as provided
in section five, shall not cease, but continue for five years,.
Provided t That in case said Tennessee and Alabama Central
^ Rail road Com pan y shall fail to keep or cause to be kept stead¬
ily at work as aforesaid, the number of hands with proper
equipments aforesaid, for any period of six months, contin
uously or atone time, then and in such case all payments to
said company shall cease, and the company shall thereupon
pay to the State all sums received by virtue of section five of

1859^60.

this act; And provided further, That said payments shall in
no event extend beyorid the period of dve years, dating
from the first payment.

Sec. 8. Be it further enacted , That as a further induce*
ment to said Tennessee and Alabama Railroad Company,
and in ease said Tennessee and Alabama Central Railroad
Company, shall, within five years from the commencement
of the grading of their railroad between Decatur and F ^ vc y ear8 *
the Alabama and Tennessee Rivers Railroad as above
designated, (the grading to be commenced within twelve
months from the passage of this act,) complete the
gliding of said portion of their said road, and prepare the
same for the superstructure, and shall produce satisfactory
evidence thereof to the Governor, and execute to the
State a bond for the amount to be received, with good and Refan<1 unlcss
ample security to be approved by the Governor, conditioned completed,
to refund the amount to the State, unless the said company,
shall complete or cause to be completed, within twelve
months from the time of the receipt, of the sum specified
to be paid to them under this section, she whole line of
their road from Decatur to the Alabama and Tennessee
River Railroad, at or near Montevallo, so as to permit trains
of locomotives and cars to traverse the same; said company
'shall be entitled to demand, and shall receive as an appropri¬
ation and bonus, the sum of six hundred and sixty-three
toousand one hundred and thirty-five dollars of the three per
cent, fund it being the amount the State of Alabama wasicci&<i’suu«*est,
found due said fund, including interest on the first day of Jan¬
uary, 1800, (excluding the amount of the loan mentioned it*
the first section of this Act,) and also all the interest which
shall accrue on said sum above mentioned, from tne first
day of Jauuary, I860, to the time of the first payment, as
provided in the 5th section of this act, to be paid to the
said Tennessee and Alabama Central Railroad Company
when the said company shall have completed the grading,
and shall have prepared the same for the .superstructure of
that part of the Tennessee and Alabama Central Railroad
from Decatur to the point on the Alabama and Tennessee
Railroad above designated, and shall produce satisfactory
evidence thereof to the Governor.

Sec. 9. Be it further enacted, That when any of the rail* ^ ^

road companies named in this act, shall comply with the tenSSr
terms and conditions of' this act or the act of .February
17th, 1854, relating to said companies respectively and
made conditions precedent to the loan or payment of money
as the ease may be, the Governor of the State shall draw

1850-60. 58

his warrant in favor of the proper party, for the proper
amount on the Controller, who shall draw his warrant lor
the same upon the treasurer of the State, which warrant
shall be paid by the treasurer out of the monies in the
treasury not otherwise appropriated, mnd charged to account
of the three per cent. fund.

Sec. 10. Be it further enacted, That before the said Ten¬
nessee and Alabama Central Bailroad Company shall receive
the amount specified and referred to in the 8th section of
this act, said company shall execute, or cause to be exeeu-
Kxedute bond in te( ^» a bond to the State of Alabama in double the amount
<ioubie the am’t. to be received, with good and sufficient security to be ap¬
proved by the Governor, conditioned that the amount to
be received shall be used exclusively in the procurement
of iron to be used in the construction of that part of said
Tennessee and Alabama Central Bailroad, which lies
between Decatur and the Alabama and Tennessee Rivers
Bailroad herein before designated: and with a further
condition that the said Tennessee and Alabama Central
Bailroad Company shall lay the track of their said road as
speedily, at least from the southern terminus of said road
towards the north as from the northern terminus towards
the south.

Sec. I I. Be it further enacted , That the said Alabama
and Tenriesee Rivers Bailroad in addition to the bond re¬
quired by this act for the repayment of the sum to be
obtained by said company by virtue of this act, shall exe¬
cute its bond to the State of Alabama in the sum of two
hundred thousand dollars, conditioned that upon the uom-
jaeksonviiie. pietion of its railroad to a point at or near Jacksonville, in
Calhoun county, said company shall provide and use
in the extension of its road beyond Jacksonville in the
direction of the town of Gadsden, in Cherokee county,
as said road has been or may be located, a sum equivalent
at least to what a pro rota portion of the amount to be
obtained by said company by virtue of this act, would be,
if distributed pro rata per mile over the whole extent of
said railroad from the town of Talladega to the said town
of Gadsden.

Sec. 12. Be it further enacted , That said company shall,
by virtue of its acceptance of the provisions and benefits
of this act, be further bound to progress with the construc¬
tion of said road, as fast as its means and resources of all
kinds will enable it, until the completion of tne same to
such a point as it may be located, to, at or near said town
of Gadsden; and this Section shall stand and shall not be

1859-60.

repealed or altered without the express consent in writing,
to he filed in the office of the controller of the State, ofcoimnt nied tn
the stockholders of the company residing between Jackson T«. ce ofContro1 '
villo and Gadsden, and those west of the Coosa River, in
the counties of Cherokee and DeKalb.

Sec. 18. Beit farther enacted , That the true intent and
meaning of, this act shall be and is to limit and confirm the
appropriations, by this aet provided for, to the Tennessee
and Alabama Central Railroad Company, to the balance of
the three per cent fund, as specified and stated in the 1st
section of this act, to-wit: the sum of six hundred and
sixty-three thousand one hundred and thirty-five dollars
and the interest to accrue thereon, and while the State will
make the semi-annual payment to said company, provided A i*. o n trai k.
for in the 5th section of this act; yet if in any case in- K Co *
terest shall not be collected by the State on any of the
loans to be made, under the provisions of this act, to other
railroad companies, any loss of interest which may be sus¬
tained by iaiiure of the companies to whom loans may be
made, or any of them* shall be deducted from the said six
hundred and sixty-three thousand one hundred and thirty-
five dollars, and from the appropriation thereof made to
the said Tennessee and Alabama Central Railroad Com¬
pany ; And provided further , That said Tennessee and Ala¬
bama Railroad Company shall receive the obligations of the
various railroad companies, which may be taken for the
loans to such companies provided for under this ae f , if un Term, and Ala.
paid at the time said Tennessee and Alabama Central Rail- Railroad
road Company may be authorized to apply for the appro¬
priation provided lor in the 8th section of this act in lieu
of money, and in that case the said Tennessee and Alabama
Central Railroad Company shall have the benefit of all the
rights, securities and remedies provided for in relation to
the loans authorized to be made to other railroad com¬
panies under the provisions of this act, and th« Ktate shall
not be bound to make good any loss which may be sus¬
tained by failure to collect said obligations or any of them.

SkC. 14. Be it turther enacted , That in ease it shall appear
that the funds in the treasury not otherwise appropriated
and required to meet other appropriations, shall be insuffi¬
cient to satisfy the loari9 and appropriations authorized by v
this act at the time the same shall be applied for* the Gov-Loans* and ap-
ernor shall have power to direct the amount in the treasury propnatIon!i -
not required to meet other appropriations, to be distributed
pro rata among such of said companies as shall apply for
the loans and appropriations authorized by this the

1859-m

Provided.-

Colbert §honIs.

Governor to ap
point commis¬
sioners.

balance ofsuch loans and appix>priations shall bo postponed
uotil the account in the treasury not required to meet other
appropriations shall be sufficient to satisfy the same:
Provided^ That the Governor may direct the bonds of the
State of North Carolina and Virginia, owned by this State,
to be paid out as cash to such of said companies as may
agree to receive the same, or any part thereof, at not less
than par, in lieu of money, under the provisions of this
act.

Sec. 15. Beit fmiher enacted , That the sum of twenty-
five, thousand dollars out of the interest paid into the
treasury by the various railroad companies named in this
act, to whom the said three per cent, fund is loaned, be,
and is hereby appropriated, to be paid as hereinafter speci¬
fied in six equal semi annual installments, and to be ex¬
pended in removing obstructions and improving the naviga¬
tion of the Tennessee liiver in that part of said river known
as Colbert Shoals * it shall be tbe duty of the Governor to
appoint tbr^e discreet and proper persons as commissioners,
to receive the sum by this section appropriated, and it
shall be the business and duty of said commissioners to
superintend and direct the disbursement of this appropria¬
tion in such manner as to remove the obstruction created
by said shoals, and permanently improve the navigation of
said river at said s .oals as far as practicable ; and it shall
be the duty of the Governor to take from said commis¬
sioners, belore paying out the amount hereby appropriated,
a bond or bonds for double tbe amounts to be received
with good and sufficient security, to be approved by him,
payable to the State of Alabama, and conditioned that the
sums to be received by them under this act shall be faith¬
fully used and applied in accordance with the provisions
and requirements of this section; and it shall be the duty
of said commissioners to advertise in such newspapers and
fbr such length of time as they may deem necessary to
give lull notice of tbe work required to be done, specify
mg a time and place when st aled proposals for the work
required to be done will be opened, and specifying in the
advertisement tne amount and character of the work to be
done, which work shall be let to the lowest bidder,, who
shall give satisfactory security, for tbe completion of the
work required to be doDe within a time to be specified in
the contract for the same, and it shall be provided in the
contract for the work, that the obstructions in the river at
said shoals shall be removed to an extent at least sufficient
to admit the passage of light draft steam-boats in low

1859^60.

stages of the river, and it shall be the duty of the commis¬
sioners to require suck conditions in the contract as will i>ufr.
secure the greatest improvement that may be practicable in
the navigation of said river at said shoals.

Sec. 10. Be it further enacted, That the said Tennessee
and Alabama Central Railroad Company by their accept- Acceptance,
ance of the benefits of this act, shall transport free of
charge over their road all troops of the State, with all
equipages and rhunitions of war and other property of the
State, whenever such troops, munitions, &c., shall be em¬
ployed and required in the Service of this State.

Sec. 17. Be it farther enacted , That the said Tennessee
and Alabama Central Railroad Company shall be bound by
their acceptance of the benefits of this act, to survey at
their own-expense in a thorough and proper manner, at
such time and on such route or routes as may be required
by the president and directors of the Columbus and Ten- Columbus nn4 •
nessee Valley Railroad Company, the said Columbus and
Tennessee Valley Railroad, and make a report of said sur¬
vey to said president and directors as soon as practicable
after the completion of such survey, and failing to make
said survey shall thereby forfeit all rights to the benefit of
this act.

Sec. 18. Be it farther enacted, That if any of the com¬
panies mentioned in the second section of this act shall fail
for six months from the passage of this get, to apply for ^ + J ithin 8i *
the loans therein prescribed and to comply with the require- mo,K *'
ments prescribed in this act, the amount so proposed to be
loaned to such company, shall be loaned pro rata to the
other companies mentioned in the second section of this
act, or to such of them as may apply therefor, upon the
same terms and conditions as are prescribed in the third
and fourth sections of this act: Provided , said companies
shall apply for the same within eight months from the pas¬
sage of this act.

Appjrovep, February 18, 1860.

1859-60.

No. 69,] AN ACT

To compensate Jailors for the care of prisoners who have

escaped.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the commissioners of roads and revenues of each
county this of State may hereafter pay to the jailor of their
respective counties, such compensation as is now allowed
by law for feeding and attending to persons who may now
or hereafter have been prisoners and have escaped from
their jails, if such escape was not caused by the connisance
or negligence of said jailor and that said compensation to
said jailor shall be paid out of the county treasury of the
county in which such escape was effected.

Approved, February 25, 1860.

No. 70.] AN ACT

To provide more effectually for the trial of certain cases in
the Circuit Courts of this State.

Sec. 1. Be it enacted by ike Senate and Home of Represent¬
atives of the State of Alalxirrva in General Assembly convened,
That when any Judge of the Circuit Court is disqualified
Judge ctr. court from sitting under the provisions of section 560
of the Code, it shall be the duty of such judge upon the
motion of either party without affidavit, to change the
venue in said cause to the nearest county in some other
circuit unless the parties consent that said Judge may ap¬
point an attorney of the court to sit in the cause as provi¬
ded by section 640 of the Code.

Sec. 2. Be it further enacted, That when the judge shall
direct a change of venue in any ease under the provisions
ol the first section cf this act, it shall be the duty of the
Clerk of the Court to make a transcript of all the minutes,
orders and proceedings in the cause with his certificate and
the seal of his court annexed that it is a true copy, which
together with the original papers, he shall envelope and
securely sea], with his certificate on the back thereof, that

the enclosed papers numbered from one to --include

all the original papers in the cause, naming it, which attes¬
tation and certificate must be received as true until the

Clerk of the cir¬
cuit court.

88 ISSft-'tO.

contrary be shown; this package he may deliver
himself or send by a messenger, and if not mutilated
or defaced, must be presumed to be, as it came from the
hands of the clerk.

Sec. 3. Be it further enacted, That theclerk or messenger
shall be entitled to the same compensation to be paid in the
same way as provided by section 2364 of the Code.

Approved, February 23, 1860.

No. 71 ] AN ACT

Permitting free Negroes to select a Master and become

Slaves.

rson ni

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,

That any free person of color, or free negro residing in this
State, and desiring voluntarily to surrender his or her free¬
dom, shall be permitted and empowered to do so on appli¬
cation by petition in writing to the Judge of the Probate^ r er:(
Court of the county io which the applicant resides, praying
to become the slave of some white person of good moral
character and standing, residing permanently in this State,
whereupon it shall be the duty of the Judge of Probate to
set a day for hearing said petition, and shall appoint a
guardian ad litum to defend for the petitioners, if any of
them shall be under the age of eighteen years. The peti¬
tion must not be heard until after the expiration of ten days
from the time it was filed.

Sec. 2. Be it further enacted, That if on the trial of said
petition the Judge of Probate shall be convinced of the proof Tr[nJ
of disinterested witnesses, and from all the facts and cir¬
cumstances of the case that the petitioners filed the petition
voluntarily and free from undue influence, and that the
petitioner or petitioners really desire to surrender freedom
and to become the slave or slaves of the person named in
the petition, it shall be the duty of the Judgo of Probate Jad e eof P robatd *
to decree the petitioner or petitioners, the slave or slaves of
the person named they have selected, and from thencefor'
ward, they shall be deemed and held in law and in equity,
the slaves of the said person by them so selected: Provided , Pfovidct1,
They shall not be sold under any legal process for the debts
or liabilities of the master or mistress they have selected,
or their heirs or distributees; And provided further , That

1859-’60.

JL+mm . .

Record.

Appeal.

CojBmissioners.

Empowered,

Sale.

said person so selected must file with the Judge of Probate
bis or her consent in writing, to become the master or mis¬
tress of said slaves.

Sec. 3. Be it further enacted, That it shall be the duty of
the Judge of Probate to make a record of the petition and
of all the proceedings in the case, together with the testi¬
mony adduced on the trial, and either party shall have the
right of appeal from the decision of the Court under the
law now in force, regulating appeals from the decision of
the Probate Courts. The Judge shall receive' five dollars
for his services, and the guardian ad litum fifteen dollars, to
be paid by the master or mistress.

Approved, February 25, 1860.

No. 72.] AN ACT

To dispose of Masonry and other fixtures of the Muscle

Shoals Canal.

Sec, 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,
That William B. Wood, of the county of Lauderdale, Wil¬
liam H. Price, of the county of Franklin, and James Doug¬
lass, of the county of Lauderdale be, and they are hereby
appointed Commissioners for the purpose of disposm g of
the masonry walls, iron gates, and all other fixtures belong¬
ing or in any wise appertaining to the Muscle Shoals Canal,
situated in Limestone County, in this State.

Sec. 2. Be it further enacted , That said Commissioners
are also hereby empowered to sell and convey to purchas¬
ers, such title as is invested in this State to the real estate
or bed of said Canal.

Sec. 3. Beit further enacted, That said sale or sales slmli
be made by said Commissioners, at the Court House door,
in Lauderdale County, after giving two months notice of
the same by advertisement in the Florance Gazette, pub¬
lished in Lauderdale County, the States Rights Democrat,
published in Franklin County, and the Huntsville Demo¬
crat, published in Madison County.

Sec. 4. Be it further enacted, Tliat the money arising from
the sale or sales as aforesaid, shall be paid by said Com¬
missioners into the Treasury of this State to and for the use
of public schools.

*A ppkoved, February 25, 1860*

isse-m

No. 73.] AN ACT

To authorize the Governor to deliver up certain Bonds

therein named.

Sec. 1. Be it enacted by the Senate and House of Represent
tatives of the State of Alabama in General Assembly convened)

That the Governor of this State be, and he is hereby ® or « r *« t -
authorized to require at such time and in such mode as to
him shall seem advisable, whether or not the condition of
certain bonds executed by the Alabama and Mississippi
Rivers Railroad Company, with certain individuals as the
security of said Company, and conditioned that the money
received by said Company and recited in said bond of
bonds, should be faithfully applied in the purchase of iron
for the use of said Company, has or has not been faithfully
complied with.

Sec. 2. Be it further enacted , That if upon such examin¬
ation the Governor shall be satisfied that the condition of c©»<m»en
any or all of the bonds of the said Company so executed piiedwltk *
as aforesaid, with personal security for the faithful applica¬
tion of any money loaned to said Company by Act of tho
Legislature of the State, have been faithfully complied with
and has not been broken, then the Governor is hereby
authorized to cancel said bond or bonds, and deliver or
direct the same to be delivered to the makers thereof, or to
any of them so cancelled.

Approved, February 21. 1860.

No. 74.] AN ACT

To supply the Insane Hospital with Furniture, and prepare
it for the reception and treatment of Patients.

Sec. 1. Be it enacted by tfie Senate and House of Represent •
atives of the State of A labama in General Assembly , convened)

That the permanent Trustees appointed for the manage¬
ment of the State Hospital, may had they are hereby
authorized to organize and proceed to the appointment trus-

Superintendent, and the performance of suca acts as may tm *
be necessary for an early reception and treatment of patients
after the completion of the Hospital buildings $ and said
permanent trustees shall hate full control of said Hospital

Powers.

buildings and grounds, so far as may bo necessary to carry
out the provisions of this Act: Provided, They shall in no
wise interfere with any contract heretofore made by the
Building Trustees.

Sec. 2. Be it further enacted , That from and after the
passage of this Act, all powers and authority of the said
Building Trustees shall cease, except so far as may be
necessary to carry out complete and settle for existing con¬
tracts, and it is hereby made their special duty to have all
such contracts finished at the earliest day practicable, and
when finished, to deliver the buildings, and all other pro¬
perty of said Hospital to the permanent Trustees, and as
early thereafter as can be done, they shall make lull and
final settlements of all accounts and contracts made by them
and furnish a full and detailed statement of all monies
received and disbursed by them, to the Governor of the
State, together with all books and papers in any wise con¬
nected with the discharge of the duties of their office as
Building Trustees, which statement, books and papers shall
be filed in the Secretary of State’s office.

Sec. 3. Be it further enacted , That all laws and parts of
laws contravening the provisions of this Act be, and they
are hereby repealed.

Approved, February 23, 1860.

Nc. 75. AN ACT

To make an appropriation to supply the Insane Hospital
with Furniture, and to prepare it for the reception and
treatment of Patients.

Sec 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the sum of twenty-five thousand dollars be, and the
same is hereby appropriated out of any funds in the trea¬
sury not otherwise appropriated, together with any sum
remaining in the treasury of previous appropriations for the
erection and completion of the buildings for the Insane
Hospital, and not needed for that purpose, for supplying
the Hospital with the necessary amount and description ot
furniture, for compensating the Medical Superintendent,
and such assistants as the Boar<3 of Trustees may dee.m .it
necessary to employ, and for such other purposes as said
Board of Trustees may eonsid r necessary and proper for

67 1859-’60.

the welfare, support, and comfort of such patients as may
be admitted into said Insane Hospital: Provided , That no
sum shall be drawn out of the Treasury until it is actually
needed, and it shall be drawn in strict conformity to the
provisions ot an Act approved February 6th, 1852, to
establish a State Hospital for Insane persons.

Approved, February 21, 1860.

No. 76.] AN ACT

For the more effectual protection of the estates of intern*

perate persons.

Sec. 1 . Be it enacted by ike Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,

That when any unmarried man, over 21 years of age, is by

reason of intemperance, unfit to manage his estate, or is

wasting or squandering it, and thereby in danger of being

reduced to poverty and want, his brothers or sisters, or

next of kin, or any or either of them, may themselves, or^ r e v ^ m iftcT,Kn '

by their next friend, if minors or married women, file their

bill in Chancery to preserve the estate of said intemperate

person from further waste, and for general relief

Sec. 2. Be it further enacted , That the bill provided for
in the first Section of this Act, must specify the cause for
which relief is prayed, and the estate proposed to be secured,
and the said person of intemperate habits must be made a
party defendant thereto: if the allegations of the bill are of corn-
admitted, either expressly or for a failure to answer thereto, p amt ‘
or it is established by proof that the allegations of the bill
are true, and that such person is wasting his estate, or is for
the cause alleged unfit for its management, so that such
person will probably be reduced to want, the Chancellor
must deprive him of all further control over it, and provide
for its safe keeping by the appointment of a trustee.

Sec. 3. Be it farther enacted^ That the said trustee ap¬
pointed by the second Section of this Act, must manage TrusU .„.
and superintend the affairs of the estate, and prove the
avails thereof, provide for the support of such intemperate
person, or of his wife and children, in the event that be has
married after the institution of the suit, which support must
be suitable to the means and estate of such intemperate
person,

SfiC. 4. Be it farther enacted\ That pending the suit pro-

1859-m 68

vided for in this Act, the chancellor must, by injunction or
chancellor. otherwise, secure the estate against further waste, but no
such decree affects the rights of creditors, aeqt?ired previous
to the institution of the suit.

Sec. 5. Be it further enacted , That on the petition of the
proof 6t reform- person, whose estate has been by the provisions of this Act
ation * committed to the control of a trustee, and on notice to the

said trustee, and on satisfactory proof of the reformation of
said intemperate person, and of his fitness to have charge
of his said estate, the chancellor must order itto be restored
to him.

Approved, February 8, 1860.

No. 77.] AN ACT

To prevent the game of Keno, and other games.

Sec. 1 . Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.
That any person playing a game called Keno, or any game
of like kind, at which money, bank bills, or evidences of
debt are hazarded, at any of the places mentioned in sec¬
tion 3243 of the Code of Alabama, shall be liable to the
penalties in said section, mentioned against playing at cards,
dice, <fcc.

Sec. 2. Be it further enacted , That any person of full age
who plays said game of Keno, or any game of like kind,
at any place, for money or thing of value, with a minor,
shall be liable to the penalties prescribed by section 3255
of the Code of Alabama.

Approved, February 21, 1860.

No. 78.] AN ACT

To authorize the Probate Court to grant an order to lease

lands, in certain cases.

Whereas, In many parts of this State there are lands
which contain valuable minerals, undeveloped, which
belong to estates of deceased persons and minors, and
lunatics; And , whereas , The legal representatives of such
estates and the guardians of such minors and lunatics would

1859-60.

be able to sell such lands for a much better price if the
same was developed ; And, whereas , they possess no power
to accomplish this as the law now stands, wherefore—

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,

That from and after the passage of this act it shall be law¬
ful for the Judge of Probate Court to make an order author
izing the administrator or executor of any estate, or the Jud *® of P robat *-
guardian of any minor or lunatic, to lease such portion of
the real estate, either at public outcry or by private con¬
tract as to the Court may appear to be best, as there is rea¬
sonable ground to believe that the same possess valuable
minerals, which it would be to the interest of the estate of
the minor or lunatic to have developed.

Sec. 2. And be it further enacted , That such administra¬
tor, executor or guardian, must make his application by Guardian,
petition in writing to the Probate Court, from which his
letters setting forth the facts above set forth, and, also, a
list of the names, ages and residences of minors interested
in the same, which petition must be verified by the peti¬
tioner’s oath, as true to the best of his knowledge, informa¬
tion and belief, thereupon the Court must set a day for the
hearing of the same, of which the parties interested, living
in this State, must have at least twenty day’s notice before
the hearing, and those who reside beyond the limits of this
State must have notice by publication for three successive
weeks in a newspaper, published in the county, or put up
for that length of time at the courthouse door. On the day
set for the hearing if these steps have been taken, and no Notice,
good cause is shown for a continuance, the Court must pro¬
ceed to hear the cause, and, if of opinion the facts in said
petition have been proven, the Court must make an order
allowing the petitioner to lease said lands publicly or pri¬
vately lor a period not exceeding ten years, on condition
that he can do so by giving an interest in the minerals
taken from said land or lands so leased, not to exceed more
than one-half of the same : And, provided further, That the Provi <***-
lease shall not impose any liability whatever on the estate
of the deceased, or of the minor or lunatic, for the expen¬
ses of working the same during the period of said lease,
which said lease must be in writing and filed with the
Probate Court.

Sec, 3. And be it further enacted, That when such peti¬
tions is filed by an administrator, executor or guardian, it Adroinistrator
must also show that such of the heirs or devisees as are of ami Executor.

1859-’60.

Indictment.

Conviction.

Test.

Judgment.

lawful age have given their written consent to the proceed¬
ings, which must be attached to the petition and shall be
prima facia evidence of the fact in the trial.

Approved, February 15, 1860.

No. 79.] AN ACT

To prevent the adulteration and sale of adulterated liquors.

Sec. 1 . Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That from and after the first day of March next, any per¬
son engaged in the manufacture or distillation of spirituous
or malt liquor in this State, who shall wilfully use tobacco,
strychnine, or any other poisonous or unwholesome sub¬
stances in the manufacture of such liquors as aforesaid,
shall be subject to indictment, and upon conviction thereof,
before any of the Circuit Courts of this State, be fined in a
sum not less than two hundred and not exceeding five hun¬
dred dollars, and imprisoned in the county jail for the term
of twelve months.

Sec. 2. Be it further enacted , That any person who shall
sell, or buy for the purpose of selling, any spirituous or
malt liquors which are adulterated with such poisonous sub¬
stance as aforesaid, shall, upon trial and conviction there¬
for, be fined in a sum not less than two hundred, and not
exceeding five hundred dollars, at the discietion of the
jury trying the same.

Sec. 3. Be it further enacted , That any person who may
have good reasons to believe that any spirituous or malt
liquors have been so adulterated, or that any person is
engaged in the vending or selling of such adulterated
• liquors, he may at his own request employ a chemist to
analyze and test said liquors, and if found to be so adul¬
terated or sold as aforesaid, it shall be prima facia evidence
of the guilt of such person or persons so engaged in the
manufacture or sale of such spirituous or malt liquors as
aforesaid. ■

SEC. 4. Beit further enacted, Tbatupon the conviction of
any person under this act, the cost in obtaining the services
of said chemist in testing said liquors, shall be entered up
in the judgment as a part of the costs against theperson or
persons convicted as aforesaid, in addition to the punish¬
ment prescribed by this act.

Tl 18

Sec. 5. Be it further enacted, That all laws and parts of
laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, February IT, 1860.

No. 80.] AN ACT

To authorize the Judges of Probate of the different coun¬
ties of this State to issue attachments in certain cases.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State ot Alabama in General Ascermbty convened ,
That the Probate Judges of the different counties in this
State be, and they are hereby authorized to issue attach¬
ments in all eass where Circuit Judges and Chancellors ate
now by law authorized to do,

Approved, February 16, 1860.

No. 81.] AN ACT

To regulate the taking of affidavits in aid of judicial

proceedings.

Sec. 1. Be it enacted by the Senate and House of Represent
atives of the State of Alabama in General Assembly , convened ,
That whenever in the commencement of or progress of any
suit or Judicial proceedings at law or in equity in any of
the Courts, or before any judicial officer of this State, an
affidavit shall be required in aid of such proceeding, such
affidavit may be made in this State before any officer qual¬
ified by law to administer an oath ; and such affidavit may
be made without this State before any Commissioner
appointed by the Governor of this State, or the Judge, or
the Clerk ot any federal Court, the Judge of any Court of
record, or notary public, who shall certify the same under
their respective hands and seals of office, if any, and affida¬
vit so taketj shall have the same force and effect as if takbh
before the Clerk of the Court, or other officer before whom
any such judicial proceeding may be commenced or
pending.

Approved, February 16, 1860.

1859-’60.

No. 82.] * AN ACT

To provide and secure copies of county newspapers for the
use of the Courts of said couuties.

Sec. 1. Be it enacted by the Seyiate and House of Represent ,
atives of the State of Alabama in General Assembly convened
cierkg of circuit That hereafter the clerks of the several Circuit Courts’
court*. the registers in Chancery and Judges of the several Court 3

of Probate, shall subscribe for, and take, and file in thei r
respective offices, one copy of each weekly newspape 1 *
published in their respective counties, and ns soon a s
practicable, after the end of each year, shall cause the nunr
bers of said papers for the preceding year to be well bound)
and shall keep the same safely in their respective offices, as
the property of their respective counties, and the Court of
County Commissioners must allow to said officers the sums
paid by them for subscription and binding as above
provided.

Sec. 2. Be it further enacted. That if in any county there
Adjomi’gcounty be no newspaper published, the said officers may take and
bind the papers of any adjoining county, in which the pub¬
lic printing and advertising of said county is annually done.

Sec. 3. Be it further enacted , That any officer above named
violating the provisions of this act, or failing to comply
therewith, is guilty of a misdemeanor and, on conviction,
must be fined not less than fifty dollars, and one conviction
shall not bar a subsequent conviction for a continuing
neglect: Provided , That this law shall not apply to the
county of Covington.

Approved, February 23, 1860.

No. 83.] AN ACT

For the benefit of Insolvent White persons confined in jail
in any county in this State.

Sec. 1. Be it enacted by the Senate and House cf Represent¬
atives of the State of Alabama in General Assembly convened ,
Tbat whenever any insolvent white person, confined in jail
in any county of this State, on any criminal charge becomes
sick and requires medical attention, or medicines, it shall
be the duty of the sheriff or jailor of the county, to give
notice to the Probate Judge of the county of the condition

of such person, and it shall be the doty of the Probate
Judge on receiving such notice, or on receiving informa¬
tion in any other manner of the sick and destitute condi¬
tion of such person, to employ a physician, and to furnish
such medicines as may b3 by him prescribed for such sick
person, and the reasonable expenses of such medical atten¬
dance and medicines* shall constitute a valid claim against
the county, any law custom or usage to the contrary not¬
withstanding.

Approved, February 14, 1860.

No. 84.J AN ACT

To provide for the bolding of Cororner’s inquests by Jus¬
tices of the Peace in certain cases.

SEC. 1. Be it enacted by ike Senate and House of Represen¬
tatives of the State of Alabama in General A ssembly convened ,
That in case of the absence or inability of the Coroner to
act; any Justice of the peace shall hold an inquest over
any dead body, under the same rules and regulations, and
receive the same pay now provided for the holding of
Coroners’s inquests.

Approved, February 14, 1860.

No. 85.] AN ACT

To protect Females from insult and injury at Public Assem¬
blages.

Sec. I. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That if any person shall by rude or indecent behavior;
profane, vulgar or obscene language wilfully disturb the
females in any assemblage of people composed in whole or
in part of females met for the purpose of amusement, recre¬
ation, or instruction, such person shall be deemed guilty of
a misdemeanor, and on conviction, rnay be fined not more
than two thousand dollars, as the jury may assess, and in
addition thereto may be imprisoned by the court for a term
not exceeding six months.

Sec. 2. Be it further enacted , That an indictment, under

1859-m

this act substantially coafbrmiog to the form here given
shall be held sufficient:

State of Alabama, ) Circuit Court,

County, j Term 18

The Grand Jury of said county charge, that before the
finding of this indictment, A. B., wilfully disturbed an
assemblage of people composed in whole or in part of
females, by rude or indecent behavior, profane, vulgar or
obscene language, against the peace and dignity of the
State of Alabama.

SEC. 3. Be it farther enacted , That the fee of the Solici¬
tors for each conviction under this act, shall be twenty
dollars.

Approved, February 16, 1860.

No. 86.] AN ACT

Making appropriation to pay the expenses of illuminating
the Capitol on the 9th January, 1860.

Sec. 1. Be it enact&l by the Senate and House of Represent-
atives of the'State of Alabama in General Assembly convened ,
That the Controller of Public Accounts be, and he is hereby
authorised, to draw his warrant on the State Treasurer in
favor of W. J. B. Padget and W. H. Coker, doorkeepers,
for the sum of two hundred and sixteen dollars, to be paid
out of any monies in the Treasury not otherwise appro¬
priated.

Approved, January 21, 1860.

No. 87.] . AN ACT .

Making Appropriation to pay members and officers of the

General Assembly.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the sura of sixty thousand dollars be, and the same is
hereby appropriated out of any monies in the Treasury
not otherwise appropriated, to pay the members and officers
of the General Assembly.

Approved, January 21, I860.

No. 88.] AN ACT

For the benefit of the Supreme Court and State Libraries.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.

That the Library of the State and the Supreme Court Library
be, and they are hereby placed under the charge of the
Marshal of the Supreme Court of the State of Alabama^ Marsh*!,
who shall be librarian of the Supreme Court Library and
of the State Library, and shall in discharging the duties of
his office, obey such rules and regulations as may be pre¬
scribed to him by the judges of the Supreme Court.

Sec. 2. Be it further enacted, That the judges of the
Supreme Court shall have power to make such rules as they 1 ^,.
may deem necessary, for the preservation and protection of
the said libraries.

Sf.c. 3. Be it further enacted, That the said Marshal shall
before receiving any compensation under this act, make^^
oath before one of the judges of the Supreme Court of this
State, that he will faithfully discharge his duties as Marshal
of the Supreme Court, and librarian of the Supreme Court,
and State Libraries, and that he will to the best of his ability,
preserve the said libraries from loss and injury.

Sec. 4. Be it further enacted, That the said Marshal shall
enter into bond with good security, payable to the State of
Alabama, in the sum of one thousand dollars, to be approved Bob *-
by one of the judges of the Supreme Court, and conditioned
that he will faithfully discharge the duties of Marshal of
the Supreme Court, and librarian of the Supreme Court,
and State Libraries.

Sec. 5. Be it further enacted , That the Marshal of the
Supreme Court shall be appointed by the judges of the
Supreme Court, and may at any time be removed by them,
and shall discharge such duties and obey such directions,
not inconsistent with the laws of the State of Alabama,
and pertaining to his office as marshal and librarian, as may
be required by the judges of the Supreme Court, and shall
receive in addition to the compensation now prescribed by
law, and payable in the same manner, the annual sum of
six hundred dollars.

Sec. 6 . Be it further enacted , That an annual appropria**
tion of five hundred dollars to be drawn for by the .Coiv Imprevemdnt of
troller, on the warrant of the Chief Justice of the Supreme Hbrar J r -
Court, is hereby made for the improvement of the libraries

3859-’60.

aforesaid, which money shall be expended by the judges
of the Supreme Court

Sec. 7. Be it further enacted , That whereas, it was designed
by tie act, approved February 1858, to authorize the
Exchangerep’rt8.i u ^o es tJie Supreme Court to exchange the Alabama
Reports in the State library to the amount of one thousand
dollars for the use of the Supreme Court Library, and
whereas, such exchange has not been made, the judges of
the Supreme Court are now authorized to take the reports
of the Supreme Court to the amount of one thousand dollars
and use the same in the purchase of books for said libraries
or either of them.

rue schedules, Sec. 8. Be it further enacted, That the said librarian shall
file with the Chief Justice of the Supreme Court and with
the Secretary of State, schedules of all the books in said
libraries on such day in each year as the judges of the
. Supreme Court may direct.

Approved, December 16, 1859.

No. 89.] AN ACT

To increase the Salaries of the Judges of the Supreme

Court.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, the judges of
the Supreme Court of the State of Alabama, shall each
receive as their salary, the sum of four thousand dollars
annually, payable quarterly, as now provided by law.
Approved, January 27, 1860.

No. 90.] AN ACT

To regulate the time of holding the Chancery Courts in
the county of Barbour.

Sec. 1. Be it enacted by the Senate and House of Represent *
atives of the Slate of Alabama in General Assembly convened
That hereafter the terms of the Chancery Court for the
county of Barbour, shall commence on Wednesday after
the first Monday in May and November.

Approved, February 9, 1860.

No. 01.] AN ACT

To change the place of holding the Chancery Court for the

county of Coosa.

SEC. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
That from and,,after the passage of this act,*the Chancery
Court for the fifteenth Chancery District, composed of the
county of Coosa, shall be held in the Court House in the
Town of Rockford, and the register of said court, shall
keep his office in said town.

Approved, February 1, 1860.

No. 92.] AN ACT

To create an additional term of the Chancery Court for the
26th Chancery District of the Northern Division.

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly , convened,
That there shall be an additional term of the Chancery
Court, held for the twenty-sixth Chancery District of the
North Division, to commence on the second Monday after
the fourth Monday in November, in each and every year,
and shall continue for six days, unless the business thereof
be sooner disposed of.

Approved, January 27, 1860.

No. 93.] AN ACT

To authorize an additional Term of the Chancery Court,
in the County of Jackson.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That there shall be an additional term of the Chancery
Court held for the county of Jackson, to be held the Thurs¬
day before the first Monday in December of each year, to
be held three days each term, unless the business thereof
be Sooner disposed of.

Approved, December 15, 1859.

1859-m

1859-60.

No. 94.]

AN ACT

Macon.
Russell.

Chambers,

Tallapoosa,

Ooosa,

Aufcmga,

Greene.

Tuscaloosa.

Pickena.

Fayette, Marion
Jefferson.

To re-organize and fix the times of holding the Courts of
Chancery, in the Middle Chancery Division,

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly converted\
That hereafter the Courts of Chancery comprised within
the Middle Chancery Division, shall be held at the times
following, namely: For the thirteenth district, composed of
the county of Macon, on the second Mondays of May and
November', and continue each six days it necessary: for
the eleventh district, composed of the county of Russell, on
the third Mondays of May and November, the May Term
to continue six, and the November Term three days, each
if required ; for the twelfth district, composed of the county
of Chambers, on the fourth Monday in May, and Thursday
after the third Monday of November, to continue three
days each, if required; for the fourteenth district, com¬
posed of the county of Tallapoosa, on the Thursday after
the fourth Monday in May, and.on the fourth Monday of
November, to continue six days each, if required; for the
fifteenth district, composed of the county of Coosa, on the
Thursday after the first Monday, after the fourth Monday
in May, and the first Monday after the fourth Monday in No¬
vember, to continue three days each, if required; for the
fortieth district, composed of the county of Autauga, on the
second Monday after the fourth Monday in May, and the
Thursday after the first Monday in November, each to con¬
tinue until the business is disposed of; for the eighteenth
district, comp sed of the county of Greene, on the third -
Mondays in June and December, the June term to continue
six days if required, and the December term, until the
business is disposed of; for the nineteenth district, com¬
posed of the county of Tuscaloosa, on the fourth Monday
of June and second Monday of February, the Summer term
to continue three days, if necessary, and the Winter term,
until the business is disposed of; for the twentieth district,
composed of the county of Pickens, on the Thursday after
the .fourth Monday of June and the first Monday of Feb¬
ruary, the June term to continue three, and the February
terni six days each, if required.; for the twenty-first dis¬
trict, composed of the counties of Fayette and Marion, on
the first Monday after the fourth Monday of June, to con¬
tinue three days if required ; for the twenty-second district,
composed of the county of Jefferson, on the second Monday

79 1859 - 00 .

after the fourth Monday of June, to continue three days if
required; for the twenty-third district, composed of the
county of Bibb, on the Thursday after the second Monday Bibb,
after the fourth Monday of June, and continue until the
business is disposed of; for the seventeenth district, com¬
posed of the county of Perry, on Tuesday after the first Pen*.
Mondays of January and August, to eoptinue five days
each, if required; for the sixteenth district, composed of
the county of Dallas, on the second Mondays of January
and August, to continue six days each, if required; and for
the twenty'fourth district, composed ot the county of Shelby, Sb *' lby ‘
on the third Mondays of January and August, to continue
until the business is disposed of.

Sec. 2. 13 e it further enacted , That there be, and is here¬
by created an additional Chancery District in said Middle
Chancery Division, to be composed of thecounty of Walker, Walker,
to be numbered the forty-first Chancery District, and there
shall be held one term of the Chancery Court in said dis¬
trict eaeb year, to commence on the Thursday after the first
Monday after the fourth Monday of June, and continue
three days if necessary.

Sec. 3. Be it further enacted , That this Act shall take^ ff
effect and be in force from and after the first day of April
next.

Approved, February 21, 1860.

No. 95.] AN ACT

For the relief of the Register of the Chancery Court of

Sumter County. *

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives oj the State of Alabama in General Assembly convened ,
That the Commissioners’ Court of the county of Sumter be,
and they are hereby authorized to allow the account of
Geo. B. Saunders, Register of the Chancery Court of said
county, for stationery furnished by him for the use of said
Court, during the years 1854, 1855. 1856 and 1857,
amounting to one hundred and eighty-nine dollars and
eighty-eight cents, the said amount first being duly proven
by him.

Approved, February 21, 1860.

1859-m

No. 96.] AN ACT

To regulate Amendments in Chancery

Sec. 1 . Be it enacted by the Senate and House of Represent *
atives of the State of Alabama in General Assembly convened,
That the third section of an Act, entitled an 41 Act,” amen¬
datory of the proceedings in Chancery, approved February
8th, 1858, be so amended as to read as follows: Amend¬
ments to bills shall be allowed, at any time before final
decree, by striking out or adding new parties, or to meet
any state of evidence which will authorize relief; and
amendments to answers shall be allowed at any time before
final decree, so as to set up any matter of defence; but
amendments to bills and answers shall be allowed on such
terms as the Chancellor may impose, not extending beyond
the payment of all the costs; if an amendment be allowed
at the hearing, to bill or answer, the party against whom
the amendment is allowed, shall be entitled to a continu*
anceas a matter of right, and if the cause is continued, both
parties shall have the right to take additional testimony ;
and if an amendment to bill or answer be allowed in vaca¬
tion, both parties shall have the right to take additional
testimony without a special application.

Approved, February 2, 1860.

No. 97.] AN ACT

To authorize Registers in Chancery to appoint Trustees in
certain cases therein named.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Aldxwia in General Assembly convened ,
That where there is trust property in another State, held
under a deed, will, marriage settlement or otherwise, and
the beneficiary owning the entire interest in said trust
property has removed to this State and desires that his or
fo f X e s r sut“ oved ^ er P ro P ert J may also be removed to this State, such ben¬
eficiary may if of age, or by his or her next friend, if a
minor or married woman, make application to the Register
of the Chancery Court of the district in which such bene*
fieiary resides, to appoint a trustee to receive such trust
property and remove the same to this State.

Sec. 2. Be it farther enacted , That the said Register in

Chancery must appoiht a day for hearing such application

and notice thereof must be given by advertisement in some u> *j>-

paper published in the district for three successive weeks; baring** 7 *° r

or if no paper is published in such district, by posting such

notice at the Couifc House door of the county in which the

Chancery Court of the district is held, and at three other

public places in the district three weeks before the day

appointed for making the application, and a copy of such

notice must be sent to the non-resident Dustee of such trtist

estate if there be one, and said non-resident trustees place*™ 81 ***

of residence be known.

Sec. 3. Beit further enacted, That upon the bearing of
such application, if there be no good arid sufficient reason
to the contrary, the said Register shall appoint a trustee
living in the district wherein said beneficiary resides, to
receive and remove the said trust property to the said
district.

JSec. 4. Be it further enacted, That the said trustee before
he enters on the discharge of the duties of said trust shall
give bond.and good and sufficient security, payable to the
Register of said Chancery Court, in double the amount oi Bond *
the supposed value of said trust estate, conditioned that he
will faithfully execute the said trust.

Sec. 5. Be it further enacted, That the said Register in
Chancery shall be allowed five dollars as a fee for his
services rendered under the provisions of this Act, to be
paid by the party making the application, and such party
may be reimbursed for this and all other expenses growing Fee
out of such application, from said trust fund when received
by the trustee appointed by said Register.

Approved, February 23* 18^0.

No. 98 ] AN ACT

To authorize the issurancc of Executions from the Chan¬
cery Court in certain cases.

Sec. 1. Be it enacted by the Senate and House of Represent
alives of the State of Alabama in General Assembly convened,

That hereafter in all cases in the Chancery Courts of this
State where bills are filed or are now pending in any of Mort * a * e *’
said courts for the foreclosure of mortgages, or the enforce*
ment of vendors, liens upon any specific property, real or
6

1859—60.

UegSetter,

Prt>vl*o.

¥!x coitions.

personal, and in all cases where an account is token between
the parties and the amount of indebtedness between them
ascertained by the decree of said Chancery Courts, such
decrees shall have the force and effect of judgments, and
executions may be issued thereon by the Registers of said
Chancery Courts, against the goods, chatties, lands and
tenements of the parties against whom said decrees may
have been rendered: Provided , That no execution shall bo
issued in decrees for the foreclosure of mortgages, or the
enforcement of equitable lien, until the property ordered
to sale shall have been sold, and the sale confirmed, and
the balance due ascertained by the decree of said Chancery
Court, when execution shall issue for the balance which
rrtuv be found due.

Sec. 2. Be, it further enacted , That all executions issued
under the first section ot this Act, shall have the same force*
and effect of executions issued from the Circuit Courts, and
shall be levied, collected and returned in the same manner.

Sec. 3. Be it further enacted , That all laws and parts of
laws in conflict with this Act, be, and the same are hereby
repealed.

Approved, February 23, I860.

No. 99.] AN ACT

To transfer the County of Covington from the Second
Chancery District of the Southern Chancery Division to
the Chancery District of said Division, composed of the
County of Butler.

Sec. 1. Be it enacted hy the Senate and House of Represent*
at Ives of the State of Alabama it General Assembly, convened,
That the county of Covington be, and is hereby transferred-
from the second fiiancery District, composed of the counties
of Conecuh, Covington, Monroe and Clarke, to arid shall
hereafter form a part of the Chancery District composed of
tlv* county *»f Butler.

Sec. 2. Be it further enacted , That all causes now pend¬
ing m the Chancery Court of said 2d district at Claiborne,
which wo-ul 1 propi rly belong to the Chancery Court of the
county of Covington, if there had been a seperate Chancery
Court for said county* be, and the same are hereby trans¬
ferred to the Ohaneny Court of Butler county, and it is
hereby made the duty of the Register of said 2d Chancery

1859-m

District to deliver to the Register in Chancery l or the
county of Butler, on application for the same, all papers be-
longing to any of said cause.*, together with a certified
transcript of all orders and decrees made in such causes:
Provided, That this section shall not apply to any suits
which might have been brought in the counties of Monroe
and Clarke, if there had been separate Chancery Courts
for said counties.

Skc. 8 . Be it farther enacted , That it shall be the duty
of the Register in Chancery for the county of Butler, to
apply for and receive from the Register in Chancery, for
ti;e 2d district, all papers and records transferable to bis
office under this Act.

Skc. 4. />e it farther enacted , That for any transcript re¬
quired to be made by this Act, the Register of the 2d
district shall receive the same fees as for a copy of bill, and
answer to be charged as costs in the case.

Approved, February 24, It60.

No. 100.] AN ACT

To give the 40th Chancery District of the Middle Division
jurisdiction in certain cases.

Sec. 1. Be it enacted by the Senate and House of Repyesent-
atives of the State of Alabama in General Assembly convened,

That the jurisdiction of the Chancery Court in the matter Jarudietion.
of the trust estate of Mary Ann White, G. W. Benson
being trustee thereof, and James T. Dejarnette, William P.
Dejarnette being trustee thereof, be transferred from the
loth district of the Middle Chancery Division, to the 40th
district of the same division.

Sec. 2. And be it further enacted , That the Register in
Chancery of the said 15th district, be required to make out
certified transcript of all the records and proceedings had
in relation to said two t:ust estates in his Court, and ihat TrllMCript ’
he transmit the same, together with all the original papers,
to the Register of the Chancery Court of the said 40th dis¬
trict, previous to the next June term thereof, and that the
said trustees respectively pay all the fees therefor out of
the said estates for which they are trustees.

Sec. 3. And be it farther emu feel, That the said Chancery
Court for the said 40th district shall take com [dele juris¬
diction over said estate in every respect as fully as said
loth district now has.

Approved, February 23, 1860.

1859-60.

No. 101.] AN ACT

To change the times of holding the Chancery Courts in the
37th District in the Northern Division.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assemldy convened ,,
That Irorn and after the passage of this act, the Chancery
Courts for the thirty-seventh District in the Northern
Chancery Division, shall be held on the second Monday in
February, and the second Monday in August in each year
in lieu of the times now required by law.

Approved, January 23, I860.

No. 102.] AN ACT

To fix the times of holding the Circuit Courts for the
seventh Judicial Circuit.

Judicial circuit.

Choctaw.

Marengo.

Sumter,

Greene.

Picken

Sec. 1. Be it enacledby the Senate and House of Represent-
aiives of the State of Alabama in General Assembly , convened ,
That in lieu of the times fixed by the act of trie present
General Assembly for the holding of the terms of the
Circuit Courts in the seventh Judicial Circuit, the terms of
said courts shall be begun and holden as follows:

In the county of Choctaw on the first Mondays in March
and September, and may continue in session two weeks.

In the county ol Marengo, on the third Mondays in
March aud September, and may enitinue in session two
weeks.

In the county of Sumter, on the second Mondays after
the third Mondays in March and September, and may con¬
tinue in session two weeks.

In the county of Greene, on the fourth Mondays after
the third Mondays in March and September, and may con¬
tinue in session two weeks.

In the county of Pickens, on the sixth Mondays after
the third Mondays in March and September, and may con¬
tinue in session until the business ks disposed of; aud in
the county of Pickens, the State Docket shall not be taken
up until the third week of the term until the judge of said
court shall by au order made in term, time otherwise provide
for any term or terms subsequent to the term at which the
order is made.

Approved, February 21, 1860.

No. 103.]

AN AOT

To authorize the Judges of the Circuit Courts to preside
in their own Circuits without interchanging with each
other.

Sec 1. Be it enacted by the Senate and House of Represent *
atives of the Slate of Alabama in General Assembly , convened,
That section second of an Act entitled an Act, ‘‘to repeal
an Act to make the Circuit Court Judges rotate throughout
the State, approved January 13‘h, 1853,” he, and the sam© Rotote
is hereby repealed : Provide /, That this act shall not be so
construed as to revive the a t to make the Circuit Judges
rotate throughout the State, approved February 13th, 1850.

Sec. 2. I e it farther enacted, That section 630 of the
Code of Alabama, and all law.s requiring the Judges of the
several Circuit Courts to interchange with each other, be,
and the same ore hereby repealed.

Approved, February 2, 1860.

No. 104.] AN ACT

To change the time of holding the Circuit Court of Russell
county in tne 9th Judicial Circuit, and of the county of
Talladega in the 10th Judicial Circuit.

Sec. 1. Be it exacted by the Senate and House of Represent¬
atives of the State of Alabama in General AssemUy , convened.

That from and after the first day of July, 1860, the Cir- **** *
cuit Court of Russell county shall begin on the 2nd Mon¬
day in February and August, and may continue in session
three weeks.

Sec. 2. Be it further enacted , That after the 1st of July
next the Circuit Court of Talladega county shall com- Ta,,adega -
menco on the 8th Monday after the 3rd Monday in March
and September, and may continue three weeks, and the
trial ol the criminal docket in said county shall be set for ,
the third week.

Approved, February 24, 1860.

1869-60.

No. 105.] AN ACT

To prevent the Northern Bank of Alabama, at Huntsville,
from paying out the notes of Banks of other States.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives oj the State of At ahum a in General Assembly c nvened>
That from and after the passage of this act, the Northern
Bank of Alabama, at Huntsville, shall not pay out the
notes of banks of other Slates, on loans, checks, orders,
drafts or discounts.

Sec. 2. Be it farther enacted , That all laws and parts of
laws contravening ihe provisions of this act, be, and the
same are hereby repealed.

Approved, February 24, 1860.

No. 106.] AN ACT

To suspend the operations of An Act, passed at the
present session in regard to the Northern Bank of
Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General Assembly convened t
That the act passed at the present session of the General
Assembly of this State, entitled an act to prevent the
Northern Bank of Alabama, at Huntsville, bom paying
out the notes of banks of other states, be, and the same is
hereby suspended in its operations until the first d.iy of
July next.

Approved, February 25, I860.

No. 107.] AN ACT

To continue in force the existing laws in relation to the
State Bank and Branches

Sec, 1. Beit enacted by the Sen ah and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That all laws now in force, relating to the settlement of the
State Bank and Branches, be, and the same are hereby
continued in force until the adjournment of the next ses¬
sion of the Legislature of the State of Alabama,
Approved, February 25, I860.

185&-*60.

No. 108.] AN ACT

To continue the offico of Commissioner and Trustee, and

for other purposes.

Sec. 1. Be enacted by the Senate and House of Represent *
at ices of the State of Alabama in General Assembly, convened\

'i h;it the office of Commissioner and Trustee to settle the
ohairs of the State Bank and Branches be, and the same is
hereby continued until the adjournment of the next regular
session of the General Assembly, and that John Whiting
is hereby continued as Commissioner and Tiustee, under
this act, with all such powers s were heretofore conferred
upon him by law as such Commissioner and Trustee, and
for the performance of such other trusts and duties as may
be imposed upon him by any act of the present General
Assembly : Provided, the said Commissioner and Trustee,
as now required by iaw r , give bond in the sum of one hun¬
dred thousand dollars, with securities satisfactory to the
Governor, for the faithful performance of his duties.

Sec. 2. And be it further enacted , That it shall be the duty
of the Commission;T and Trustee to deposit in the State
Treasury the bonds of the State, redeemed and purchased v*p°*h*»**
by him, and, also, those redeemed by the Bank of Mobile
and delivered to him to be registered as required by law,
and to make a full report of all his acts and proceedings to
the next General Assembly.

^EC. 3. And he it further enacted, That the said Cornrnis
sinner and Trustee shall receive for his services a salary of
wo thousand dollars per annum, commencing on the sixth
of February, 18b8; that his salary for the two years past
shall be due and payable on the passage of this act, and ift
future shall tie due and pa\ able annually.

Sec. 4. And be it further e. acted, That in case of any ^
vacancy in the office of Commissioner and trustee, by
death, resignation, removal or otherwise, the Governor shall
appoint some suitable person to fill such vacancy.

Sec. 5. And be it further enacted, That the Governor of
this State be, and he is hereby required lo appoint a suit- Tex&g | U p uW j 0 ,
able agent to collect from the General Government the
amount retained on the claim of this State against the
Republic of Texas.

Approved, February 24, 1800.

1859-60.

Revise Code.

Co:«nmsion»‘rs.

Condense laws.

No. 109.] AN ACT

To provide for the payment of detached halves of Bank
bill', issued by thj Bank of the State of Alabama and
Branches.

Sec. 1. Bert enacted by the Senate , and House of Represent¬
atives of the State of A lab mia in General Assembly con vened ,
That the Treasurer of this State shall pay to the holders of
detached halves of Bank bills, issued by the Bank of the
State of Alabama and Brandies, one-half the sum of the
denomination of such half bills, out of funds in the Treas¬
ury not otherwise appropriated, upon such holders present¬
ing the same with an affidavit in writing, setting forth that
they are the real owners of such half bills, and that the
halves of such bills not held by them are lost, destroyed,
or have been paid by the State, or the Bank that issued
them.

Approved, February 21, 1860.

No. 110.] AN ACT

To provide for the preparation of a revised Code of the
. Statute Laws of the State of Alabama, of a general and
public nature.

SeC. 1. Be it enacted, by the Senate and House oj Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the Governor be, and he is hereby authorized to ap¬
point a commissioner to prepare a Revised Code of the
Statute Laws of the State of Alabama of a general and pub¬
lic nature.

Sec. 2. Be it farther enacted, That the said commis¬
sioners shall not change the arrangement of the present
Code, nor the numbers of its sections, nor the substance
or meaning of any of its provisions, nor the substance or
meaning of any statute to be included therein ; but he may
change their phraseology, where it is inacurate or redun¬
dant or lacks clearness and precision.

Sec. 8. Be it farther enacted, That the said commissioner
shall include in said Revised Code, all the public statutes
of a general nature which were passed by the General As¬
sembly that convened on the 2d Monday of November,
1851/and all which have been passed by the present

General Assembly by condensing them into proper sections,
and placing them in such parts and chapters ot the present
Code, as they shall appropriately belong to, ami designa¬
ting « r numbering the sections into which they shall be
formed, in such a manner as not to change the number of
sections of the present Code, lie shall also prefix to each
section an italic line, showing the subject matter of the
section and add marginal references to the session acts of
the General Assembly in which the new statutes may be
found, stating also the time when passed.

S EC. 4. Be it fwither enacted, That the said commissioner
shall omit from the body of the said revised Code, and all
the sections of the present Code, and all the statutes passed
since its adoption, which have been repealed by the Gen¬
eral Assembly, or which the Supreme Court has decided oPnewCod*"* 7
to be unconstitutional, but he must refer to them in appro¬
priate foot notes, as having been repealed or declared to be
unconstitutional ; and in all cases w here any section of the
present Code, or any statute passed since its adoption, has
been construed by the Supreme Court, the said commis¬
sioner must make a referanee to the decision in an appro¬
priate foot note.

Sec. 5. he it further enacted, That the said commissioner ln(lex *
sha 1 prepare a copious and complete index to the said re¬
vised Code, making each subject in such index as full and
complete as practicable, and referring directly to sections
and to pages which have no sections.

Si-C. (>. Be It further enacted, That the said commissioner
shall put as appendixes to the said revised Code, the arti¬
cles of Confederation, the I)« duration of Independence, ...

. i i - • i Li i .*• , Articles of Ooo

the Constitution oi the united states, the ordinance of federation.
1787, the act for the govern m ml of the Mississippi teritory,
the act for the admission of Alabama into the Union, the
acts of Congress included in the present Code, and all the
rules of practice in the Supreme, Chancery, and Common
Law courts, which have been adopted by the Supreme
Court, and remain in force.

Sec. 7. Be it further enacted, That when the said Com¬
missioner shall complete said revised Code in the rnanuer CompletcCod *‘
herein provided, he shall deliver the same to the Governor
of this State, accompanied with a report pointing out spe*
finally, every change in, and addition to the present Code,
so that it may be seen by the next General Assembly,
whether the chnages and additions are proper or not; and
he may recommend to the General Assembly for their con-

1859-80.

Governor to ex¬
amine.

Compensation.

Quarter-Master-
General.

sideration, such changes in an 3 additions to the said revised
Code as shall not be included therein, but seem to him to
be lor the public good.

Sec. 8 Be it farther enacted , That when said revised
Code shall be delivered to the Governor, as herein provided,
it shall be his duty carefully to examine the same, to report
it together with the report of the said commissioner to the
next General Assembly, with such suggestions in regard to
its adoption, rejection or amendment, as he shall deem
proper, and to recommend to the next General Assembly
the amount of compensation th »t should be paid to the
said commissioner for his services in the preparation
thereof’.

Sec. 9. Be it further enacted, , That the said Commissioner
shall receive such compensation from the State for his ser¬
vices in the preparation of the said revised Code as the Geu-
era! Assembly shall hereafter provide.

Sec. 10. Be it farther enacted , That in case the said com¬
missioner shall die, resign his office, or become unable to exe¬
cute the duties hereby required of him, the Governor of the
State shall appoint a suitable person in his place, and such
person when so appointed, shall have all th • powers and
rights of the said commissioner, and be subject to all the
duties hereby required of him.

Approved, February 21, 1860.

No. 111.] AN ACT

To furnish LaGrange Military Academy with arms, and for

other purposes.

Sec. 1. Be it enacted by the Senate and House of Represent¬
ative* of the State of A labama in General Assembly convened,
That tec Quarter- Master General of this State be, and he
is hereby authorized and required to furnish the Superin¬
tendent and President of the Board of Trustees of LaGrange
Military Academy with one brass field piece, one hundred
new regulation muskets and three officers 1 tents and guard
tent, and twenty one company tents, with all necessary
equipments,-now, or whenever the same shall come into his
official possession.

Sec. 2. Be it further enacted , That said Superintendent
and President of the Board of Trustees shall first give a

Board trustees.

1859-60.

good and sufficient bond,, to be approved by the Governor,
for the safe keeping, and return, of the arms and equip¬
ments herein provided lor.

APPKOVEi), January 26, I860.

No. 112.] AN ACT

To provide for the Military Education of two young men
irom each county in the State of Alabama.

Sec. 1. Beit enacted by the Senate and House of Represent •
aiivetsof the State of Alabama in (Jtneral Assembly , convened ,

That the State of Alabama will educate, continuously, two &hooto
young men Irom each county in this State at the Military
Schools hereinafter named, and upon the following
conditions:

Sec. 2. Be it further enacted , That the Court of County
Commissioners of each county in this State, elect two indi
gent young menus State Cadets, who shall be of sound CadeU ’
mind and body, able to read and write correctly, and
between the ages of 14 and 21 years.

Sec. 8 . B 't it further enacted , That the Cadets so elected,
shall attend the Military School at Glennville, in Barbour GIennvme -
county, or at LaGrange, in Franklin county, the particular
school to be determined by the Commissioners Court, at the
time of electing such Cadet.

Sec. 4. Be it further enacted , That upon entering the Mil¬
itary SjIiooI, each State Cadet shall be required to sign an
obligation, pledging t.is honor that upon leaving such school
he will return to the county from which lie was elected and Cadete to return,
there teach school, and drill the militia of such county lor
the same length of time, during which he may have been a
State Cadet.

Sec. 5. Beit further enacted, That for each year during
which any State Cadet may have been in attend nice upon
one of the Military Schools, under the provisions of this
act, he shall be entitled to receive from the State a sum not
exceeding two hundred and fifty dollars, to be drawn semi- Roo * l,re
annually to defray his necessary expenses as such Cadet.

SeC. 6. Be it further enacted , That upon the presentation ^
to the Controller of Public Accounts of the certificate of 0<>ntrol,er -
the Superintendent, and three or more trustees of either of
the Military Schools hereinbefore named, showing that the
Cadet therein named has been in attendance upon said

Judge of probate

County eommis
sioners.

Governor.

school for the preceding semi annual term, endorsed hv the
Judge of the Probate Court, of the county from which he
may have been elected, with the seal of the county thereon,
the Controller shall draw his warrant upon the Treasurer,
at the rate hereinbefore named in favor of such Cadet.

Sec. 7. Be it further enacted , That the Courts of County
Commissioners, shall supply the place of the State Cadets
from their counties, respectively, whenever a vacancy shall
occur by graduation, death or otherwise.

Sec. *8 Be it further enacted , That the Governor be, and
he is hereby authorized, to select and appoint three suitable
persons, who shall visit said schools, as often as they may
deem proper, and collect all necessary information, in respect
to the same, which together with such recommendation, and
suggestions, as they may desire, they shall submit to the
next session of the* General Assembly, and for their ser¬
vices they shall be entitled to th same compensation as
now allowed the Board of Trustees to the State University.

Approved, February 21, i860.

No. 118.] AN ACT .

In reference to the sa T e of Sixteenth Sections.

Sec. 1. Be it enacted by the *Senate and House of Represent¬
atives of the Stnte of Alabama in General Assembly convened.
That whenever a sixteenth section or any part, thereof shall
be sold, in accordance with tne laws providing for such
sales, it shall be the duty of the Trustees of the township,
selling the same, to make a return of such sale within ten
days thereafter to the Secretary of State, which return shall
specify the date of the sale, the quantity of land in acres,
the number of the lots purchased, the amount of the pur*
chase money given for each lot, the name of the purchaser,
and the amount of the purchase money retained, to defray
the expenses ot the survey and sale of the same; and it
shall be the duty of the Secretary of State to file such
returns in his office.

Appboved, February 28, 1860.

1859-m

No. 114] AN ACT

To renew an act to extern! the debts due the Sixteenth

Sections.

Skc. 1. Be it enacted by the Senate and House of Represent*
ativis of the State of Alabama m General Assembly cot. vened.
That from and aher tin? passage of this act, the act entitled
An Act to provide tor i he further extension of debts due
tor the purchase of school lands in the State of Alabama,
approved 3rd February, 1858, be, and the same is hereby
revivet! and extended for the term of two years, from and
after the 1st day of March, I860, subject to all of the pro¬
visions of the above act: Provided , That if any of said
notes are handed out for suit before the extension is claimed
the makers of said notes shall not be entitled to said exten¬
sion until the costs incurred arc* paid.

Approved, February 24, 1860.

No. 115.]. AN ACT

To authorize an extension of certain Sixteenth Section
Notes in township 12, range 6, in Cherokee county.

Sec. 1 . Be it enacted by the Senate and House of Represent*
atives of die State of Alabama in General Assembly y convened ,

That the School Trustees of the township No. 12, ol range
No. 6. of the county of Cherokee, be, and they are hereby
authorized to take from .Joseph LIughsand Daniel C. Turen-
tiue, respectively, those not. s for so much of section sixteen
(land) of said township, as they have severally purchased
from Thomas Ilollmsworth of said county, and for the sums
they are to pay said Ilol-linsworth therefor, payable to the
State of Alabama for the use of said township schools ; pay¬
able on the first day of March in each year with interest at
the rate of 8 per cent, per annum from and after the date
of said notes, and that said 'Trustees shall turn over said
notes to the State Superintendent of Education, which sums
so to be turned over shall be placed to the credit of Thomas
HollinswortlTs note or notes, given for said land.

Seo. 2. Be it further,.enacted. That said notes so to be taken
and turned over shall specify on the face the consideration g e curuk»,
for whic ; they are given, and the payment ol the same,
with interest thereon, shall be secured by at least two good

18S9-m 94

freehold securities, citizens of the State, and shall operate
as a lien on said land, until the same are fully paid off and
discharged. When said payments of principal and interest
are fully made, the proper authorities shall make a deed or
issue patents to said Hughs and Turentine respectively, or
to their heirs or assigns for so much of said land an they
may respectively have purchased from said Ilollinsworth,
as shall be expressed in said notes.

Approved, February 24, 1800.

No. 116.] AN ACT

To legalize the sale of land in section 16, township 18,
range 19, and to provide for a re-sale of the unsold par**
tion of same.

W he HE as a sale of land in section sixteen, township
eighteen, range nineteen, in Coosa county, was made on
the 9th day of September, 1848, by A. Lyle, Commissioner,
but which sale was set aside by the Judge of the County
Court of said county, as illegal: And, whereas, the said
Commissioner did issue certificates of sale to the purchasers
of said lands, under which they are still claimed and pos*
sussed ; and, whereas, the said Com miss oner did take from
the said purchasers their notes for the purchase of Said
lands, and has left the State, and has taken with him the
said notes, so that they cannot be returned to the said pur¬
chasers; and , whereas, it is desirable to dispose of the said
land, and settle the idle and claim to it; therefore,

Sec. 1. Be it evaded, by the Senate and House of Represent
Sale legalized/ atives <>f the State of Alabama in General Assembly convened,
That the said sale of land be, and the s one is hereby legal¬
ized: Provided the parties who purchased land at sfid aula
shall, within six months after the passage of this act, present
to the Superintendent of Education the certificate of pur¬
chase at said sale, and pay to him the price at which said
land was bid off.

Sec. 2. Be it farther enacted, That after six months, if the
parties who became purchasers tit said sale, or their assignees,
v©t« of r|Qt p.,y j or t t, e j am j purchased, then the Trustees of

said township shall cause a vole of the citizens of the same
to 1)0 token, and if a majority shall vote to offer said land
for sale again, then tho said Trustees are hereby authorized

1859-60.

to Bell all land in said section sixteen, township eighteen,
range 19, remaining unsold*—the said election ami sale to
be governed by the rules now prescribed by law.
Approved, February 24, i860.

No. 117.] AN ACT

To revive an act therein specified, and for other purposes.

Skc. 1. Be it enacted by the Sena'e and House of Represen -
t*t lives of the State of Alabama in General Assembly convened^

That an act approved the 19th day of January, 1816, enti¬
tled and act to carry into cl feet, in the States of Alabama
and Mississippi, the existing compacts with those States
with regard to the Five Per Cent. Fund and the School
Reservations, passed by the Congress of the United States, 6 ccnt _
approved 26th February, 1815, be, and the same is hereby
revived and declared to be in full force and etfcSt.

Sec. 2. Be it further enacted , That the Governor be author¬
ized and required to earay out such of the provisions of
.said act as have not been heretofore complied with as soon GcTCi ' nor *
as practicable, and also tne provisions of an act approved
6th February, i858, entitled an act in reference to school
lands ladongmir to inhabitants of certain townships in this
State, located in the States of Arkansas and Louisiana.
Approved, December 15, 1859.

No. Ii8] AN ACT

To amend f\n act to render more efficient the system of
Free Public Schools in the Slate of Alabama.

Skc. 1 . Be it enacted hy the Senate and Home of Represent¬
atives of the State of Alabama in General Assembly , convened ,

That section nine of article six of act to render more effi*
cient the system of Free Public Schools-in the State of
Alabama, approved February 14th, 1856, be,and the same
rs hereby amended by striking out the word “Controller”
where it occurs in the third line of said section, and insert¬
ing in lieu thereof the words “Judge of Probate;” by strb ^ 0fprdbttf

king out the word “Controller” at the end of the seventh
line, and inserting in lieu thereof the words “ Judge

Solicitors.

15th January.

Bond.

1st day of Oct.

Motion by attor
hey-general.

Probate of the county in which such institution is located
by striking out the words “ Attorney General” where they
occur in the eighth line, and inserting in lieu thereof the
words “ Solicitor of that Circuit;’’ by striking out the word
“Montgomery” and inserting in lieu thereof the words
“the county in which such institution is locatedbv stri¬
king out the word “Controller” from 11 ic thirteenth line,
and inserting in lieu thereof the words “Judge of' Probate.”

Sec. 2. Be it further enacted, That section two of article
four of the said act be, and the same is hereby amended by
inserting the words “’ey the fifteenth day of January in
each year” next after the word’s “County Superintendent,”
where they occur, and by inserting next after the words
“fund of the State” the following words “or so much
thereof as he may have collected by that time.”

Sec. 3. Be it further enacted , That section sixth of article
four of said act be amended by inserting tne words “and
his sureties ” after the word “ he,” in the fourth line of said
section.

Sec. 4. Beit further enacted, That section nine of article
two of said act be amended by inserting alter the words
“ County Commissioners,” in the eighth line of said section,
the words “a duplicate of which bond shall be filed in the
office of Superintendent of Education by him within sixty
days after the ex eution of the same.”

Sec. 5. Be it further enacted, That said act be amended
by inserting after paragraph twelve of section nine of arti¬
cle two an additional p aragraph to be numbered thirteen as
follows, to-wit: “To make by the first day of October of
each year a settlement of his official account with the Su¬
perintendent of Education, showing the amount received
by him from the Educational Fund for the year preceding,
the interest upon sixteenth section notes collected or received
by him, and upon whose notes, and to what dates said inter¬
est was paid; his disbursements for the said year; specifying
the townships to which payments were made, and the dis¬
tributive share of each, and the balance of any remaining
on hand at the date of said settlement; and, upon his fadure
to make said settlement and account for all moneys received
by him, judgment may be rendered against him and his
sureties for the amount unaccounted for, with interest from
the date of its receipt by him, upon motion, to be made by
the Attorney General, in the Circuit Court of Montgomery
county, thirty days notice having been first given by the
Suj erintendent of Education thafsuch motion will be made
for judgment, Succinctly stating in such notice the cause fotf #

97 ’

1859-60.

which said motion will be made,and the terni oijhe Court;
and the books Of „ibe Superintendent of Education shall be
jirima facta evidence of the indebtedness, of SuiJ county
Superintendent '

Sec, 6. Be it farther enacted , That it shall be the duty of the
Super, utendent of Education to cause this act to be printed
as a circular, and to send it when so printed to the county
Superintendents and Trustees of Free Public Schools, and Prtat ’ d circulaT3 -
the expense of such printing shall be paid out of the said
funds, and in the same manner as other public printing is
provided to be done and paid for.

Sec. 7. Be it further enacted , That from and after the first
day of March, 1860, it shall be the duty of the Superin¬
tendents of Education in the several counties of the State,
to keep an office at the county site of their respective coun¬
ties; and thatsuch Superintendents shall attend such offices2£r * 4 ******
ou the first Monday in each month, and day following if
necessary, to examine teachers, grant licenses, receive
reports from and pay over moneys to the Trustees of Free
Public Schools.

Sec. 8. Be it further enacted , That any county Superin¬
tendent failing to comply with the provisions of the prece¬
ding section of this act, shall forfeit and pay into the pub¬
lic School Fund of his county ten dollars per day for every Pena|ty *
such failure, to be deducted from the amount of his salary:
Provided , If such Superintendent shows good and satisfac¬
tory cause for such failure he shall not forfeit the ten dol¬
lars above specified.

Sec. 9. Be it further enacted , That all laws and parts of
laws conflicting with the provisions of this act be. and the
same are hereby repealed.

Approved, February 24, 1860.

No. 119.] AN ACT

To repeal the law declaring Chattooga river a public

highway.

Sec. 1. Be it enacted by the Senate and ffouse of Represent’
atives of the State of Alatmma in General Assembly convened y
That so much of the law declaring Chattooga river & navi¬
gable stream from its junction with the Cbbsa fiver to the
town of Gaylesville, in Cherokee eomtty f embraced Sn an
7

act, entitled “An Act declaring Chattooga river a public
highway, and the better securing the health of the people
of Cherokee county by preventing the cutting of timber
into water courses,” approved 18th of February, 184$, be,
and the same is hereby repealed.

Approved, January 30, 1860.

No. 120.] ‘ AN ACT

To repeal the act of February 14, 1856, Session Act, page
301, “in relation to the rights and liabilities of stock¬
holders in Railroad and other companies,” <Sbc.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the St-ateof Alabama in General Assembly , convened ,
That “An Act in relation to the rights and liabilities of
stockholders in Railroad and other companies, incorporated
by the laws of this State,” approved February 14, 18o6, be,
and the same is hereby repealed.

Approved, February 23, 1860.

No. 121.] AN ACT

To amend the law relative to the unlawful detainer of lands.

Sec. 1. Be it enacted by the Senate and House of Iiepresetit-
atives of the State of Alabama in Genwal Assembly convened ,
That any person who having entered into the possession of
lands or tenements, under a contract of lease, shall hereaf¬
ter forcibly or unlawfully retain the possession thereof after
the expiration of his term, or shall refuse to surrender
the same on the written demand of the lessor, his agent,
attorney, or legal representative, shall be liable for double
the’arnount of the annual rent agreed to be paid under such
contract, and for such otlfer special damages as may be
thereby sustained by the party thus unlawfully kept out of
possession, to be recovered as now provided by Jaw in
actions of unlawful detainer, or by an action at law for
damages.

Approve#, February 21, I860.

No. 122.] AN ACT

To amend the Attach meat Law in the State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Rtprese?it-
atives of the State of Alabama in General Assembly , convene f
That whenever an attachment may hereafter be sued out,
before auy officer authorized by the now existing laws to
issue an attachment in favor of a non-resident, or of a cor¬
poration, security for the costs of the suit, may be given to
and approved by the officer issuing such attachment, or
may be endorsed on the attachment and approved by the
officer issuing it, and security for the cost thus given and
approved, shall be as effectual as if it had been givan to
and approved by the Clerk of the Court, to which the
attachment is returnable.

Approved, February 21, 1860.

No. 128.] AN ACT

To fix the mode of conveying the estate of Husband and
Wife, and for other purposes, approved February 8tb,
1858.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened y
That an act, entitled An Act to fix the mode of conveying
the estate of husband and wife, and for other purposes,
approved February 8th, 1858, shall not be applied to any
deed or acknowledgment, the legal character of which had
been passed upon by the Supreme Court of Alabama, pre¬
vious to its passage, but shall be valid and operative in all
other cases.

Approved, February 24, 1860.

No. 124.] AN ACT

To amend the laws in relation to Public Beads.

Sec. 1. Be it enacted by the Senate and House of Represent
tatives of the State $f Alabama ib General Assembly, convened\
That other public roads than those now provided for by

1859-m

lssa-m

Pil« petition.

Notice.

Proviso.

Damages.

Cost.

100

A.i}* f

law, may be established by the Coarts of County Commis¬
sioners of the several counties in this State, under the
following regulations: Any person or persons desiring the
establishment of a public road under the provisions of this
Act, may file t petition in the Court of County Commis¬
sioners, of the county in which the rqad is proposed to bo
established, specifying the length, width, points and direc¬
tions of the desired road, and the names of the owners of
the lands, over which it ia to pass, and setting forth that
such road is for the public benefit. Upon the filing of such
petition, the Court of County Commissioners must set a
day lor acting thereon, and must cause a written notice
thereof to be served upon the owners of the lauds over
•which the desired road is to pass, at least twenty days
before the time set for the hearing of such petition. If
upon the hearing of such petition it shall be made to appear
to the court that the road applied for is necessary for the
gopd of the State, the county or the neighborhood in which
it is to be established, the court may order it to be laid off
and established in the same manner and under the same
regulations as other public roads are required by law to be
laid oil and established: Provided , That no road shall be y
established under this Act, exceeding (20) twenty feet in
width, nor in such a manner as to run through, any per- *
sons orchard, garden or curtilage without bis written cun>
sent filed m said court.

Sec. 2. Be it further enacted , That the person or persons
applying for the establishment of a road under this Act,
shall, when the damages are assessed to the amount of the
lands over which it is to pass in the manner now provided
by law, and before the road shall be cut out or opened, pay
such damage to the owner or person entitled thereto, unless
the court shall order such damages to be paid as now pro¬
vided in other cases, and in assessing such damages the
jury shal£ take into consideration the expense of erecting
fences along the line of such road, and the annual expense
of keeping up such fences.

Sec. 8. Be it further enacted ' That when any road shall
be established under the provisions of this Act, the person
or,persons petitioning therefor, shall pay all the costs of
the proceedings and all the expenses of putting the road in
a condition for use, unless the court establishing the road
shall order such costs and expenses to be paid out of the
county treasury.

Skc. 4. Be it further enacted , That the .person or per¬
sons bbtaMng*tne establishment of a rofca Under this Act, ,i

101

1859 - 60 .

itfid subh otfieV portions os aWatt Itabitually.ufie the react,
tfha’ll kefep the same in repair without being exernpt fro$u aep*fr.
the rdnd duty, Urdpss the court of county commissioners
shrill otherwise order.

SEC. 5. Be it further enacted, That* sections 1187 and
ll^B of the Code, ami all other laws in conflict with
pro vision^ of this Act, be and the same are hereby repealed.

Approved, February 25, I860.

No. 125.] AN ACT

To amend the Patrol Law.

Sec. 1. Be it enacted by the Senate and House of Represerf-
t&tives of the State of Alabama in General Assembly, convenejf*

That in addition to the authority now conferred by law on
the patrol, they shall hereafter have power and authority
to apprehend any white person whe may be found by them
consorting with slaves or loitering about negro cubing
Under suspicious circumstances, and to carry such p rsoa
before a magistrate for examination, and it shall thereupon*
be the duty of such magistrate to examine such person un$

•to make such order in the premises for bis commitment ot
discharge, as may be necessary and proper. f/

Skc. 2. Be it further enacted, That any three freeholders
ot slaveholders of the county shall in the absence of th^* r * koliew ‘
patrol, have the same power and authority conferred on fcbp
patrol by the first section of this Act.

Approved, February 25, I860.

No. 126.] AN ACT

In relation to the 16th Section Fund and for the more
effectual security of the same.

Sec. 1 . Be it enacted by the Senate and House of Represent*
atives of the State of Alal/ama in General Asserribly, (Convened ,
That whenever any debt arising from the sale of any six¬
teenth section, belonging to any township in this State, has
been or may hereafter be collected by any officer pr person
legally authorized to collect the same, and the same baa
befcn or shall in any manner be lost, misapplied or con-

gss?

1859-69. 102

+m ***rnm

verted to the use pf said officer or person, and not paid o ver
to,the State Superintendent or other proper State officer,
as required by law, or if any such Idth section debt shall
after having been collected and paid over to the Slate
Sank, or any of its branches, or to the commissioner and
trustee or any of his assistants or agents, shall have been
improperly credited jto the wrong township, or credited to
the State or to any person or persons not entitled thereto,
or in any manner misapplied by the State Bank or any of
its branches, or the commissioner and trustee, or any of
Reimbutse. Ws assistants or agents, the amount thus collected and mis¬
applied or converted, or entered to the wrong township,
State or person as aforesaid, shall be reimbursed, paid over
and passed to the credit of the proper township to which
the same belongs, out of any fund in the treasury, with
interest thereon at the rate paid by the State upon the 16th
auction fund during the time it shall have been so misap¬
plied, converted or improperly entered, from the day of
such loss, misapplication, conversion or wrongful entry to
Credit as aforesaid, in the manner hereinafter provided) Co
wit : Upon the production of the Superintendent of educa*
tion of satisfactory evidence of the facts he shall be, and ia
peril*tenant hereby authorized and required to draw his warrant on the
Controller, who shall draw his warrant upon the Treasurer
for the amount of interest that shall be ascertained to t be
due Said township in its favor; and said superintendent,
shall place to the credit of the township in his office the
amount of principal ascertained to be due, and issue his
certificate to the Controller for said amount of principal,
who shall thereupon place said amount of principal to the
credit of the 16th section fund ; Provided , That nothing
herein contained shall be construed to release or acquit any
officer or officers, or his or their surities from any liability
when such debt shall have been lost, misapplied, converted
by or through their negligence or malfeasance.

Approved, February 25, 1860.

1859-m

No. lit ] AN ACT

To lay off and dxv^e the State of Alabama into eleven

Jadicial Circuits.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General A ssembly , convened)

That th« State of Alabama be, and the same is hereby
divided into eleven Judicial Circuits formed of the following
counties, to**wit: 1st. The first of Autauga, Bibb Ferry and
Dallas. 2d. The second Lowndes, Montgomery and Coosa., . .

&L The third Tuscaloosa, Fayette, Walker, Jefferson,Shelby
and Winston. 4tb. The fourth Lauderdale, Limestone,

Lawrence, Franklin, Morgan and Marion. 5th. The fifth
Madison, Jackson, Marshall, De Kalb, Blount and Cherokee*

6th. The sixth Mobile, Baldwin and Washington. 7th. The
seventh Greene, Marengo, Sumter, Choctaw and Pickets.

8th. The eighth Pike, Coffee, Dale, Henry and Barbour.

9th. The ninth Chambers, Tallapoosa, Russell and Macon.

10th. The tenth Calhoun, St. Clair,Randolph and Talladega.

11th. The eleventh Butler, Monroe, Wilcox, Clarke,

Conecuh and Covington.

Sec. 2. Be it farmer enacted , That the Circuit Courts in
the several Circuits shall be as follows : In the first Circuit,
in the couuty of Autauga, on the 1st Monday after the
fbuth Monday in March, and may continue two weeks, apd
on the second Monday after the fourth Monday in September
arid may hold two weeks; in the county of Bibb on the
third Monday after the fourth Monday in March, and may yirstcfrcuit
hold two weeks; and on the fourth Monday after the fourth
Monday in September, and may. hold one week; in the
county of Perry on the fiflh Monday after the fourth Mon¬
day in March and September, and may hold three weeks;
in the county of Dallas on the eighth Monday after the
fourth Monday in March and September, and may hold
until the business is disposed of.

In the second Circuit, in the county of Coosa, on the first n tt.
Monday in March and September, and may hold two weeks;
in the county of Lowndes, on the fourth Monday in April
and October, and may hold three weeks; in the county of
Montgomery, on the third Monday in May and November,
and may hold until the business is disposed of.

• In the third Circuit, in the county of Jefferson, on the
fijrfet Monday in March and September, and may hold one
week; in the eounty of Shelby^ on the second Monday in T,llrdetrcu 14
March and September, and may hold 5 two Weeks; ih the

18®9-’60.

ourtb circuit.

Fifth circuit.

Sixth circuit.

county of Tuscnlooso, po the, fourth Monday in March and
September, and may hold two weeks; in the county of
Fayette, on the sixth Monday after the first Monday in
March and September, and may bold one week ; in the
county of Walker, on the seventh Monday after the first
Monday in March and September, and may hoi 1 one week;
in the county of Winston, on the eighth Monday after the
first Monday in March and September, and may hold one
week.

In the fourth Circuit, in the county of Marion, on the
first Monday in March and September, and may continue
one week; in the county of Lauderdale, on the second
Monday in Maich and September, and may continue two
weeks; in the county of Lawrence, on the fourth Monday
in March and September, and may continue one week ; in
the county of Franklin, on the first Monday after the .fourth
Monday in March and September, and may continue two
weeks; in the county of Limestone, on ,the third Monday
after the fourth Monday in March and Septemb r, and may
continue one week; in the county of Morgan, on the fourth
Monday after the fourth Monday in March and September,
and may continue one week.

In the fifth Circuit, in the county of Blount, on the fourth
'Monday in February and August, and may hold one week ;
in the county of Marshall, on the first Monday in March
and September, and may hold one week; in the county of
Madison, on the second Monday in March and September,
and may hold three weeks; in the county of Jackson, on
th o second Monday after the fourth Monday in March and
September and may hold two weeks; in the county of
DeKalb, on the fourth Monday after the fourth Monday in
March and September, and may hold one week; in the
county of Cherokee, on the fifth Monday after the fourth
Monday in March and September, and may hold two
weeks, and when February or August shall have five Mon*
days, the court shall commence in the county of Marshall
.on" the fifth Monday in February or August us the case may
be, and continue two weeks.

In the sixth Circuit, in the county of Washington, on
the first Monday after the fourth Monday in March and
October,, and may hold one week; in the county of Bald¬
win, on the second Monday after the fourth Monday in
March and October, and may hold one week ; in the county
of Mobile, on the third Monday aher.the fourth Monday
in March and October, an den ay hold until the business is
disposed of: Provided t that nothing in this‘act shall iatsi*

1G5 1859-W*

fere w^h'the sjfeoti! laws In referfeacfc to bolditi^thfe Circuit
Court in* Mobite do'ufetyj

In the^&eventb Circuit, m the county of Pickens on the
third Mondays in Mfcrch and September, and may ooritinne
in session three weeks; in the county »of Greene, on the
third Mondays after the third Mondays in March ahdSep-
temher, and may continue in session two weeks; in the
county of Sumter, on the fifth Mondays afterthe thlrdMon-
daysiu March and September, and may continue in session
two weeks; in the county of Marengo, on the seventh
Mondays sifter the third Mondays in Marc h and September, g . veDth circuii
and may continue in session two weeks; in the county of
Choctaw, on the ninth Mondays after the third Mondays
in March and September, and may continue in sessioh two
weeks, and in the counties of Pickens and Barbohf, the
Sta te docket shall not be taken up until the third week of
the term, until the Spring term, 1862, at which term, and
thereafter it may be taken up on the second week, if the
court at the preceeding term shall so order.

In the eighth Circuit, in the county of Pike, on the second
Monday in March and September, and may hold three
weeks, in the county of Coffee, on the third Monday after ^ hthoiw ^
the second Monday in March and September, ana may ° ,rc
bold two weeks ; in the county of Dale, on the fifth Mon¬
day after the second Monday in March and September, and
may hold one week ; in the county of Henry, on the sixth
Monday after the second Monday in March and September,
aud may hold two weeks; in the county of Barbour, on
$he eighth Monday after the seeond Monday in March and
September, and may continue until the business is disposed
of.

In the ninth Circuit, in the county of Macon, on the first
Monday in March and September; iu the county of Tafia*
poosji, on the fourth Monday in March and September y In Ninth circuit,
the county of Chambers, on the seventh Monday after the
first Monday in March and September; in the county of
Russell, on the tenth Monday after the first in March and
September, and may each continue three weeks.

In the tenth Circuit, in the county of St. Clair, on the
third Monday in March, and may hold one week, and oq
the third Monday in September and may hold two weeks*, TeBtb6irCttlt
in the county of Calhoun, on the fourth Monday in March eB
ahd on the second Monday after the third Monclay in Sep¬
tember, and may hold three weeks.; in the coubty of Ran¬
dolph, at the same time that? they are now v fsr&ld, the 1&||

Monday in February and the k*afc Monday in AiSguet, iba

l8«&-’6a. 106

■ Jim . ■■i.ii ii. n -i.

three > at the Sp$ng term ftnd ; two
weelcs at fte Fall term; in thecounty, <tf Talladega. on the
seventh Monday after the third 'Moa4ay- in March and
-September, and may hold lour week$>: '

In the eleventh Circuit, in the oaonty of Covington, on
the last Monday in February and August, and may hold
oue week \ in the county of Conecuh, on the first Monday
Seventh circuit. j n y^ch, and may hola one week, and on the first Monday
in September, and hold two weeks; in the county of
Muhroe, on the second Monday in March and on the third
Monday in September, and hold one week; in the county
of Clarke, on the third Monday in March and on the fourth
Monday in.September, and may bold one week; in the
county of Wilcox, on the fourth Monday in March and on
the -first Monday after the fourth Monday in September, and
may hold three weeks; in the county of Butler, on the
third Monday after the fourth Monday of March, and on
the fourth Monday after the fourth Monday in September,
and may hold two weeks.

Se£. 8. Beit further enacted , That the several judges of
the Circuit Court of this State, shall hold the eourte of the
circuits as heretofore laid off and established by law during
Judg*t the Spring’ 8 ridings 1860, and none of the other provisions
8 of this act shall go into effect until the first day of July
next, except so far as to authorize the election of Judges
and Solicitors for the tenth and eleventh circuits, or any of
the other circuits as laid off by this act, in the event a
vacancy shall occur.

Seg. 4. Be it further enacted , That after the said first day
of J uly next, all summons, executions, subpoenas, commis-
Procejw. sions and other process issued from any of the circuit courts
or by the clerks or either of them, as now held by law,
$.ball be taken and held returnable to the terms of said
courts, as by this act prescribed.

?j£lppkoved, January 25, 1860.

No. 128.] AN ACT

For increasing the number of cells in the State Penitentiary,

and for other purposes.

Sko. I. JSe it enacted by the Senate and Bouse of J$epreunt±
atipts pf ihe. State of Alabama in Qmeral convened^

That the sum pf ten thousand, dollars be, the same j*

107 18P~m

hereby appropriated and set apart oat of any iponeys in
the Treasury, not otherwise appropriated^ to erect or build
additional Cells ip the Penitentiary of the State, which said
sum shall be expended for that sole purpose, under the
management ana direction of a suitable Commissioner
appointed by the Governor for the purpose indicated, and
toe same may be drawn by warrant on the Controller in
such sums, and at such times, as may hi agreed between
the said Commissioner and the contractor or contractors;
all such warrants to be drawn by and in the name of the
Commissioner appointed under the provisions of this act, Cwma,M!< ® €r8 *
and shall specify for what purpose drawn, and against what
fund, and the said Commissioner shall be paid for his ser¬
vices such sum as the Governor shall think just, out of this
appropriation.

Sec 2. Be it further enacted , That the word “three™
where it occurs in section 8863 of the Code, shall be stricken
out, and the word “ nine ” be inserted in its place.

Sec. 3. Be it further enacted , That section 3865 of the
Code be so altered as to read as follows : “ The advertise*
meat required by section 8863 of the Code must state a
day, not lees than six months nor more than seven months, *r©p°8ai*.
before the expiration of such lease up to which the propo¬
sals must be received, and on that day, or as soon thereaf¬
ter as may be, the proposals must be opened by the GoV-
ernor, and the proposal of the highest bidder accepted 6werlwr
within one month thereafter, if, in the opinion of the Gov¬
ernor, be is a fit person to discharge the duties of lessee,
and his securities are such as afford the State full security
for the payment of the rent, and the performance of such
duties.

Sec. 4. Be it further enacted , That the Warden of the
Penitentiary be, and he is hereby authorized and empow*-
ered by and with the consent of the Inspectors, to tak£' Vf * rd « n * wl Ifl *
such convicts as they may deem expedient outside of the * pcctor *
prison walla, and to employ them there, but always under
the supervision of such guards as the said Inspector may
deem suffioiecit to afford a reasonable security against the
escape of any convict.

SEtr5. Be it further enacted, That all the provisions and
penalties contained in section 3971 of the Code, in relation
to aiding hud facilitating the escape of prisoners from the k*c*#« <* {**.
Fimitentiary, shall, in like manner, Extend and apply
the aiding or facilitating the escape of convict! who
be taken outside of the prison wafts, Under the pro visions
of section fofcr of ibis act

Convicts.

Commissioners.

Elections.

Thirty day*.

Governor to ap*
point agent.

Sec. 6. Be it further enacted, That all the provisions in
regard to the escape of convicts, or attempts to escape, as
stated or referred to in section'3937 of the Code, shall
extend in like manner to convicts who may be taken out¬
side of the prison walls, under the provisions of section
four of this act.

SEC. 7. Be it furlJur enacted, That all laws and parts of
laws contravening the provisions of this act be, and the
same are hereby repealed.

Approved, February 25, 1860.

No. 129.] AN ACT

To carry into effect an act of Congress, approved 22nd of
June, 1854, authorizing the selection of lands in licit of
sixteenth sections within the twelve mile square reserva¬
tion in the State of Alabama.

Sec. 1. Be it enacted by the Senate and, House of Represent¬
atives of the State of Alabama in General Assembly converted,
That the Commissioners of the several sixteenth sections
within the u twelve mile reservations” in the State of Ala¬
bama now in office, or that may hereafter be elected, be,
and 'they are hereby authorized and required to hold elec¬
tions in each of the townships in said reservations for the
purpose of ascertaining whether or not the inhabitants of
said township are willing to ratify the selections of lands
made for them in the Territory of Nebraska.

Sec. 2. Be it further enacted, That said Commissioners
shall give thirty days uot'ee of the time and place of hold¬
ing said elections by advertisement,'posted up at three or
more of the most public places in said townships, and shall
report to the Governor the result of such elections within
thirty days after this shall have been held.

Sec. 3. Be it further enacted, That if it shall appear that
a majority of the votes cast at such elections were in favor
of ratifying said selections of lands, then the Governor is
authorized to appoint an agent to value and sell the same,
the whole, or any portion thereof, as the Governor shall
direct, and said agent shall report to the Governor the val¬
uation of ^ejtch section separately; but, before proceeding to
sell said lands, heshall execute v his bond with.proj^r secu¬
rity, in an amount equal to the valuation of said lands,
payable to the Governor, and to be approved by him, con-

Boatl.

109

1859-00.

ditioaed for the faithful discharge of the duties ifnposed on
him by this act.

Sec. 4. Be it farther enacted , That said agent shall, sell said
lands* of any portion thereof, as the Governor may direct* Agcnt to m
for cash at public outcry at the most public place upon'br^ d «-
in the neighborhood o! said lands, alter having given at
least sixty days notice of the time and place of such sale in
some newspaper nearest the lands, and by advertisement
posted up at three or more of the most public places on or
near the same, and, after making said sale, the agent shall
make out a report of the same showing the amount for
which the different sections were sold, and the particular
townships in said reservations to which they belonged; * *
said report to te made to the Superintendent of Public
Education, or, in the absence of a Superintendent of Educa¬
tion, to the Judge of Probate, and the proceeds of the said
sales to be paid over by said agent to the Superintendent
or Jud-:e of Probate, alter deducting five per cent, thereof Ute *
in full payment for his services.

Sec. 5. Be it farther enacted , That the Superintenden t cf
Public Education, or Judge of Probate, when the agent
pays over to him the proceeds of sale, shall enter upon his Awounl p° w *
books the amount so paid in such manner as to show what
amount such township in said reservation is entitled to, and
shall then pay over the amount so reserved by him to the
Slate Treasurer.

Approved, February 23, 1860.

No. 130.] AN ACT

To amerd Sections 1136 and 1187 of the Code of Alabama,
as to the county of Monroe.

Sec. 1. Be it enacted by the Senate and House cf Represen¬
tatives of the State of Alabama in General Assembly convened ,
That whenever any road constructed by a private individ¬
ual over his own lands, in the county of Monroe, shall be
appropriated to the public use, as a public road, that in
assessing, the damages to the owner, the cost of construct¬
ing said road shall be estimated as a part of the damages
to be allowed.

Approved, January 80, 1860.

1859-60.

Tennessee and
Coosa R. R. Co.

Ten years.

Bond.

110

Nc. 131. AN ACT

Repealing Section 496 of the Code, so far as the same
V-” relates to Winston county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the compensation allowed to Tax Collector’s In section
496 of the Code be, and the same is hereby repealed, so far
as the county of Winston is concerned.

Approved, February 23, 1860.

No. 132.] AN ACT

To loan a part of the Three Per Cent. Fund to the Union

Town, and Jackson, Selma and Gulf Railroad, and

Cahawba, Marion and Greensboro Railroad Companies.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That of the sum of two hundred and fifty thousand dollars
of the three per cent, fund, loaned to the Tennessee and
Coosa Railroad Company, by an act approved 17th Feb¬
ruary, 1854, when the same shall become due by the terms
of said act, and shall have been paid, there shall be loaned
on the terms and conditions hereinafter provided, to the
Union Town and Jackson Railroad Company, the sum of
one hundred and fifty thousand dollars, and to the Selma
and Gulf Railroad Company, the sum of one hundred thou¬
sand dollars.

SEC. 2. Be it further enacted, That said loans shall be
made for ten years after the money thereon shall be re¬
ceived by said railroad companies, and shall bear an interest
at the rate of five per cent, per annum after four years.

SEC. 3. Be it further enacted, That before the money on
said loans shall be obtained by said railroad companies,
they shall each be required to execute a bond in double*
the amount of the loan obtained by them respectively, con¬
ditioned for the faithful re-payrnent of the loan so obtained
by each, and the interest thereon, and shall give a mortgage
on each of said roads and all its fixtures and franchises, and
shall in addition give such personal security pjs the Gov¬
ernor shall deem necessary and proper to secure the faith

Governor.

Ill

1859-’60.

ful and punctual re payment of said loans, together with
the interest thereon provided for.

Sec. 4. Be it further enacted , Tbat there shall be loaned
to the Cahaba, Marion and Greensboro Railroad Company CnhabA Markm
out of the first interest accruing on the said loan to the and omnsbor*
Tennessee and Coosa Railroad Company, the sum of forty RH *
thousand dollars, upon the same terms, conditions and.
restrictions as provided in relation to the loans to the other
railroad companies named in this act.

Sec. 5. \ VhcreAts ) doubts have been suggested as to the
true meaning and intent of the act referred to in the first
section of this act, authorizing a loan to the Tennessee and
Coosa railroad company, be, it and it is hereby enacted that
the. true intent and meaning of said act, shall be construed True ^tent ^
to be that the said Tennessee and Coosa railroad company mean!r) « ***
aTe bbund and shall be bound by the terms of said act, to
pay the interest, on said loan, and re-pay the principal in
cash, at the maturing of the loan authorized in and by said
act; and the said Tennessee and Coosa railroad company .
shall not be entitled to receive any portion of the money
set apart for said loan by the bill entitled “An Act to loan
and appropriate the three per cent, fund, its interest which
has passed the House of Representatives and is no-’ pend¬
ing in the Senate, if said bill shall become an act, until
said company shall deliver to the Governor, to be filed in
the office of the State Controller, a declaration and agree* Agreement,
incut, setting forth that the construction of said act, as
declared in and by this section, is and shall be the true and .
rightful construction of the same; and that the said company
is and shall be bound thereby, and that no advantage shall
be taken of any construction of which said act might be
suseeptable contrary to the true intent and meaning there¬
of as declared in and by this section; and in taking the
bund required of said company, under the provisions of this
act for the security of the principal anil interest of the
amount to be loaned to said company, proper provisions
and conditions shall be inserted in said bond f r the pay¬
ment of the interest and principal of said loan in cash, in
accordance with the construction of said act, a3 defined and
declared in and by ibis section, and the declaration and
agreement herein above required by the said company,
shall be made in due form by the Board of Directors of oar ‘ eCl0ra
said company, and shall be ratified by resolution of the
stockholders of the company in convention, to be attested
by the President and Secretary of the company, under the •
corporate seal of the* company.

Approved, February 24, 1860.

AN ACT

1859-60.

No, 138 j

To amend an Act, to authorize the Trustees of Township
14, linage 18 to collect notes due said Township.

Sec. 1 . Be it enacted by the Senate and Iloase of Represent¬
atives of the Slaty of Alabama in General Assembly conuened }
That viii Act to amend an Act, entitled an Act, to author¬
ize the trustees of township 14, of range 18, to collect notes
due said township, approved February 5th, 185b, be so
amended that after the word “ Controller’ 7 in the second
line of Section 5th of said act, the words “ or other person
or persons in whose custody any ot the notes or moneys of
said township now are or may be at the time of presenting
the same.

Approved, January 11, 1860.

No. 184.] AN ACT

To authorize the issuance of a Patent to Eli S. Thornton
for r6th Section Lands in Choctaw County.

Sec. 1. Be it enacted by the Semite and House of Represents
at lues of the State of Alabama in General Assembly convened^
That the Governor is hereby authorized and required to
cause to be issued to Eli S. Thornton, of Clarke county, a
patent or patents for the S. W. £ and the W, £ of the N.
W. £ and the W. £ of the S. E. £ of Section' 16, town¬
ship 10, range 2 West, upon satisfactory proof being made
to him that said Thornton lias purchased and fully paid for
the s me.

Approved, February 14, 1660.

No. 185.] AN ACT

For the benefit of the Inhabitants of Township 4, Range 9,
West, in the County of Lawrence,

Whereas, The inhabitants of township 4, range 9, west,
in Lawrence county, did refuse to come under the general
law for the sale of 16th Sections, but preferred to lease out
the same and use the interest thereon; and whereas, also,

Lease-.

MW 185§-'6Q.

the trustees having leased said section in perpetuity agree¬
ing that purchases of the leasehold should pay;the interest
only annually, which should go to the use and support of
schools, part of which is now: due and unpaid, therefore,

S#C. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alalmna in General Assembly convened^

That it shall and may be lawful for the inhabitants pa
thirty days notice being given to elect three responsible
trustees, who shall enter into such bond as the Probate *
Judge may direct for the collection of all interest due from B * a<L
time to time, and shall pay the same over to the parent,
guardian of any child or children in said township, having
a right to portions of said fund, whether such child ox
children go to the school, in or out of said township^ any
law to the contrary hereof notwithstanding.

Approved, February 25, 1860.

No. 136.] AN ACT

To regulate the Agenecies of Insurance Companies not
Incorporated by the State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama- in General Assembly convened ,

That it shall not be lawful for any agent or agents of any
fire, river, or marine insurance company incorporated by
any other State than the State of Alabama, directly, or
indirectly, to take any risks or transact any business of
insurance in this State, without first procuring a certificate certificate of *n-
of authority from the Controller of this State; and before from °° tt “
obtaining such certificate, such agent or agents shall furnish
the said Controller a statement under oath of the president
or secretary of the company for which he or they 'may act,
which statement shall show—1st, The name and locality of
the company; 2d, The amount of the capital stock; 3d,

The amount of its capital stock paid in ; 4th, The act of
incorporation of the company, which statement shall be
filed in the office of the Controller, with a written instru¬
ment under the seal of the company authorizing such agent
t acknowledge service of process, for and in behalf of
8bh company ; consenting that service of process . upon
si^h agent shall be taken and held as if service upon the
company according to the laws of this State, or any other
8

1859-’60.

114

Ajrent to (Ho eer
tiftc»te in oon
•troller*« ottico.

•JuHjro Probaii •

State, waiving all claims of error by reason of such service.
And no insurance company, or ag^nt of any insurance com¬
pany incorporated by any other State shall transact any
business of insurance unless such company is possessed of
at least one hundred thousand dollars of actual capital
invested in stock of at least par value, or in bond or mort¬
gage of real estate worth double the amount for which the
same is mortgaged; and upon the aforesaid statement and
written instrument being deposited with the Controller, and
furnishing satisfactory evidence as aforesaid, it shall be the
duty of the Controller to issue a certificate thereof with the
authority to transact business of insurance, to the agent or
agents applying for the same.

Sec. 2. And be it farther enacted , That it shall be unlaw¬
ful for any agent or agents, of any lire, river, or marine
insurance company incorporated by any foreign government
other than a State of this “ Union,” to transact any business
of insurance in this State, without first procuring a certifi¬
cate of authority from the Controller of this State ; such
agent or agents having first filed in the office of said Con¬
troller a statement setting forth the charter or act of incor¬
poration of the company for which he or they may act,
and the matters required by the first section of thisact, and.
the written authority and consent therein mentioned for the
acknowledgement by such agent or agents of service of
process to be binding on such company. And the said
agent or agents shall also deposit with the Controller the
stock or certificate thereof of one or more of the other
States of the United States, the same to be satisfactory to
the Controller, to the amount of one hundred thousand
dollars, which shall be held by him and his successors in
office, exclusively as security for the payment of any losses
for which the company may become liable in the course of
its business—the dividends or interest on said stock as they
may become due, to be received by the agent,or agents of
the company depositing said stock or certificate; and the
Said asrentor agents of such company filing the statement,
and depositing the stock or certificate aforesaid, shall be
entitled t > a certificate of authority in like manner as if
provided in the first section of this act.

Sec. 3. And be it further exacted, That it shall be theduy
of the agent or agents in either and both of the forego>g
sections mentioned, before taking any risks, or transacting
anv business of insurance in this State, to file, in the alee
of’the Judge of Probate, of the county in which he or hey
may desire to establish an agency for any insurance oin-

lie i859-m

pany, as aforesaid, 51 ebpy of tbe statement and written
instrument required to be filed with the Controller, asafore :
said, together with the certificate of said Controller, which
shall be carefully preserved in said office, for public inspec¬
tion.

Sec. 4. And be it further enacted , That the statement and
evidence required by the act shall be rendered annually, in
the month ot July of each year, the first statement to be
made in the month of July next after the passage of this
act; and the Controller, on being satisfied that the capital
of tbe company filing such statement remains secure, as at
first, shall furnish a renewal of certificate, as aforesaid, and
the agent or agents obtaining such renewal of certificate;
shall file the same, together with a copy of the statement
on which it was obtained or renewed, in the office of the
judge of Probate of the county in which such agency is
established, to be carefully preserved in said office, for public
inspection.

Sec. 6. And be it further enacted. That copies of all
papers required by this act to be deposited in the office of * w * r *
the Controller, certified under the band of such Controller
to be true and correct copies of such papers, and shall be
received as evidence in all the courts of this State, in the
same manner, and have the same force and effect, as the
originals would if produced.

Sec. 6* And be it further enacted , That the agents of all
insurance companies not incorporated by the State ofo**.
Alabamadoing fire, river, or marine insurance, in any
county of this State, shall?on or before the first day of
August, in each and every year, deposit with the assessor
of the county in which the agency of such compauy is
established,, a statement, verified by the oath of the a^ent
of such company , specifying the gross amount (after deduc¬
ting all return premiums), of premiums received for insurance
by said company, at the said agency, during the preceeding
year, or such fractional part of the year that such company
may have been doing business in the city or county, after
the passage of this act.

Sec. 7,. And be it further enacted, That such gross amount P r*ni*m* tax*!,
of premiums so received as aforsaid, shall be subject, in
evfery county in which such agency is establisbed t to a tax
of two per centum, one-half of which shall be for the use
of the county, and the other half for the* State; which tax
shill be paid by Such agent or agents, to the respective
collator of taxes, Within the time requited hjr law for the
payment of generaT taxes, and ' which thirsted! fee iti lieu

1859- 60.

Vt*

Co»?*cU©tt.

Life Afid tm#t
JkHnmuteeC*.

of the tax imposed by paragraph. 24. of section 891 of the
Code.

Sec. 8. And be it further enacted\ That it shall be the duty
of such agent or agents, as before mentined, before taking
any risk or transacting any business of insurance in the city
or county of Mobile, to pay the treasurer of the u Kire
Department Association of Mobile,” the sum of two hun¬
dred dollars, for the benefit of said association ; to the trus¬
tees of Medical College at Mobile the sum of two hundred
dollars, such payment to be made from year to year, so long
as such agency is continued in the city or county of Mobile,
and any such agent or agents taking any risk, or transacting
any business of insurance in any other incorporated city or
town in this »State where fire companies now are, pr that
may be hereafter organized, shall pay to the corporate
authorities of such city or town, the sum of two hundred
dollars, for the benefit of such fire companies; such pay¬
ment to be made from year to year so long as such agency
or agencies is or are continued in such city or town.

Sec. 9. And he it further enacted , That for every such
statement required to be filed by this act, with the Control¬
ler and Judge of Probate; said Controller and Judge of
Probate, shall be entitled to a fee of five dollars, to be paid
by the agent or agents filing such statements.

Sec. 10. And be it further enacted , That any person vio¬
lating the provisions of this act shall be liable to indict¬
ment, and on conviction shall be fined not less than one
hundred dollars, nor more than five hundred dollars, and
may be imprisoned in the cot*nty jail not less than one
month, nor more than twelve months, at the discretion of
the jury trying the same.

Sec 11 . And be it further enacted , That no such company
as is named in the foregoing section shall in any manner
or on any pretext deal in, or pay out, directly or indirectly,
the notes or bills of any bank not doing business under a
charter from the State of Alabama, or under its free bank*
ing law ; and any officer or agent of such company viola¬
ting the provisions of this act is guilty of a misdemeanor,
and on conviction, shall be fined not less than five hundred
dollars for each offence, and the Judges of the Circuit
Courts must give this act specially in charge to the Gr*nd
Juries.

Sec. 12. And be it further enacted * That this act shall also
apply to the Life and Trust Insurance companies, notih^or*
pprated by the laws of this State, whether said cbmpairies
are orare not organized upou the

117

Sec, 13. And be it further enacted, That the provisions of
this act shall apply in all cases when the risk is taken, or
any insurance business is transacted in this State by the
agent or agents of any of the insurance companies men- Risk
tioned in the act whether the policies are signed by the
officers of said companies, in or out of the State.

Sec. 14 And be it further enacted, That all laws and parts
of laws conflicting with the p ovisions of this act be, and
the same are hereby repealed.

Approved, February 24, 1860.

No. 137J AN ACT

To secure to the State of Alabama the Lands appropriated
to the State of Arkansas, and other States to reclaim the
Swamp lands with their limits by Act of Congress, ap¬
proved September 28, 1850,

Sec. 1. Be it enacted by the Senate and House of Represent
atives of the State of Alabama in General Assembly convened ,

That the Governor of this State is hereby authorized and
required to appoint such a number of agents, not less than
three, as he may deem necessary, to select and determine
by proper proof, the swamp and overflowed lands within Oovv appoint
the limits of this State, under such rules and regulations as astu *

purposes in the State of Arkan¬
sas, Mississippi and Louisiana, by the cormnissionerujijJi^
general land office of the United States, and report the
same to the Executive office of this State, and when ap¬
proved by the Governouniu ate 4 h»c wiw4o the
commissioner of the general land office, and obtain patents
for the same to the State of Alabama.

Sec, 2. Be it further enacted, That the agents shall prepare
a list of the swamp and overflowed lands that have been
sold by the United States for cash since the passage of the
above recited act, and the amount of such salts, and report swamp amiover-
the same to the Governor of this State, and adjust the same flowe<5
with the general land office, and when the amount due the
State of Alabama shall be determined according to the act
of Congress ol March 2d, 1855, entitled an Act for the
relief of purchasers and locators of swamp and overflowed'
lands, the same shall be received from the Federal Govern¬
ment by the treasurer of this State, and held separate and

1859-60. 118

apart from the other funds of the State, and be styled the
swamp and overflowed land fund.

Sec. 3 Be it further enacted, , That the agents shall select
lands in lieu of all such lands that have been located by
“ warrants or script in the different land offices within
this State, under such rules and regulations as have been
adopted lor like purposes, in the State of Arkansas, Missis*
Lou"®^Ppi a “d Louisiana, by the commissioner of the general
istana. land office, and report a list of the same to the Governor

of the State, and when approved by him, to forward the
same to the general land office o bt a in a pa terror the
same, according to the therms of tlieiastabo^?ecnted act.

Sec. 4. Be it further enacted , That the agents to be ap¬
pointed in pursuance of this act, shall take an oath in
writing before some Judge or Justice of the Peace, faithfully
to discharge the trust committed to them to the best of their
judge or justice, skill and ability, which shall be filed in the coffice of the
Secretary of State, and enter into bonds in the sum cf five
thousand dollars each, with sufficient security, to be ap¬
proved by the Governor, conditioned that they will faith¬
fully discharge their duties to the best of their ability,
and according to law, which bond shall be filed in the office
of the Secretary of State.

•f

Sec. 5. Be it further enacted, That the said agents shall,
as a compensation for their services, receive such a sum as
may be stipulated by contract with the Governor, not to
exceed twenty per centum on the amount of money secured
140 per cent. to the State of Alabama, and toM£Hty_pe r j^enimn

proceeds of the lands for w h i rat he ^ t a tern ay TmtairT
PRHTTs^pay able as the State may sell or dispose of the
same, under and by virtue of the above recited acts of Con¬
gress, and ^n^ olh^r ^omperisatiy ^ and the Governor shall
have full power to remove any or all of said agents who
shall fail to perform their respective duties, and appoint
others in their places as often as he may think best tor the
State.

Sec. 6. Be it further enacted , That the Governor of this
State shall appoint five, commissioners, to be styled the
Fire commiss’rs. Board of Swamp Land Commissioners, who shall report to
the next Legislature the best mode of leveeing, dramingand
reclaiming the swamp and overflowed lands within the limits
of this State, and the said commissioners, while engaged
in the aboye recited duties, shail have from the swamp and
overflowed land fund, the sum of four dollars per day
each.

Sjge. 7. Be it further enacted , That the agents to be ap-

1859-60,

pointed under this act shall have power to administer ail
oaths necessary to carry out the objects and purposes of oaths,
this act, and the trust committed to them, and any person
guilty of false swearing under the provisions of this act,
shall be punished according to the laws now in force for
that offense

Sec. 8. Be it further enacted , That the Governor of thia
State be, and lie is hereby authorized to take all such
measures ns he may deem proper and efficient to recover
from the Federal Government the five per cent, to whicb*c r $pj
Alabama is entitled on the amount of all lands located
with warrants, scrip, or any evidence of debt or liability of
the United States, within the limits of this State, and com¬
pensate any agents out of the amount so obtained, as bo
the said Governor shall deem just and proper for the ser¬
vice performed.

Approved, February 24, 1860.

No. 138.] AN ACT

To di voroe Elizabeth Lumley from her husband Irwin
Luinley, and to divorce other persons therein named.

SEC. 1. Beit enacted by the Senate and House of Represent *
atioes of the State of Alabama in General Assembly convened ,

That Elizabeth Lumley, be, and she is hereby divorcedxumt*y.
from her husband. Irwin E. Lumley, pursuant to a decree
of the Chancery Court of the 9th District, Southern Chan¬
cery Division.

2nd. That Mary E. Kane be divorced from her husband,
Stephen Kane, pursuant to a decree of the Chancery Court,
of the 5th District, Southern Division

3rd. That Mary A. Pope be divorced from her husband, pop*.
Thomas Pope, jr., pursuant to a decree of the Chancery
Court of the 25th District, Northern Division.

4th, That Parthenia Mims be divorced from her husband,
Stanford Mims, pursuant to a decree of the Chancery gum.
Court of the 2nd District, Southern Chancery Division; i
Approved, December 16,1859.

186&- r 60.

Hawthorne.

Infrui.

Smith.

Flake,

Gilchrist.

ThompeOc.

♦

Bonner.

Slavkias.

Alsbrook.

Williams.

Varoea.

120-

No. 189.] AN ACT

To divoroe Dennis L. Hawthorn from his wife, Sarah Ann

Hawthorn, and to divorce other persons therein named.

* *

Sec. 1. Be it enacted by the Senate and House of Represent•
cttives of the State of Alabama in General Assembly convened ,
That in pursuance of decrees of the several Chancery
courts hereinafter mentioned, the bonds of matrimony
heretofore subsisting between the following named persons,
be, and the same are hereby dissolved and held for naught:

1st. That Dennis L. Hawthorne be divorced from his
wife, Sarah Ann Hawthorne, pursuant to a decree of the
Chancery court of the 30th District, Southern Division.

2nd. That Gabriel L. Ingram be divor ed from his wife,
Louisa M. Ingram, pursuant to a decree of the Chancery
court of the 27th District, Northern Division.

3rd. That Sarah J. Smith be divorced from her husband,
Jam-s J. Smith, pursuant to a decree of the Chancery
court of the 21st District, Middle Division.

4th, That James J. Fiake be divorced from his wife,
Maria E. Fiake, pursuant to a decree of the Chancery
court of the 20th District, Southern Division.

5th. That Nancy Gilchrist be divorced from her husband,
Garland Gilchrist, pursuant to a decree of the Chancery
court of the 88th District, Northern Division.

0th. That Eli Thompson be divorce from his wife, Sarah
A. Thompson, pursuant to a decree of the Chancery court
of the 21st District, Middle Division.

7th. That Jane A. S. Bonner be divorced from her hus¬
band, William S. Bonner, pursuant to a decree of the
Chancery court of the 5th District, Southern Division.

8th. I 1 hat Martha A. Hawkins be divorced from her
husband, Thomas B. Hawkins, pursuant to a decree of the
Chancery court of the 2nd District, Southern Chancery
Division.

9th. That John Alsbrook be divorced from his wife,
Sarah Allsbrook, pursuant to a decree of the Chancery
const of the 4th District, Southern Division.

10th. That William Williams be divorced from his wife,
Susannah Williams, pursuant to a decree of the Chancery
court of the 20th District Southern Division.

11th. That Doratby R. Yarnon be divorced from her bus-
band William B. Yarnon, pursuant to a decree of the
Chancery court gf the 37th District, Northern Division.

12th. That Sarah Seitz be divorced from John Seitz,

Belts.

138 18S9-m

pursuant to a decree of the Chancery court of’tbe 19th
District Middle Division. <

13th. That Anthem M. Bunn be divorced from Green ® uan%

W. Bunn, pursuant to a decree of the Chancery court of
the*25th District, Northern Division.

14t,h. That Benjamin Breedlove be divorced from Ade¬
line Breedlove, pursuant to a decree of the Chancery court ****&»?**
of the 80th District, Northern Division.

15tb. That Isaac N. Beasely be divorced from Francis
B. Beasely, pursuant to a decree of the 15tb District, Mrd y *
die Chancery Division.

16th. That Sarah A. Thomas be divorced from Michael Tfc****
Thomas, pursuant to a decree of the Chancery court of the
19th District, Middle Division.

17th. That Courtenay E. Nation be divorced from Wil*
liam E. Nation, pursuant to a decree of the Chancery court
of the 81st District of the Northern Division.

18th. That Nancy Mitchell be divorced from Green berry
W. Mitchell, pursuant to a decree of the Chancery couTt“ 4tcllrt
of the 20th District, Middle Division.

19th. That Thomas M. Johnson be divorced from Nancy jo&nwn.
Johnson, pursuant to a decree of the Chancery court of
the 19th district, Middle Division.

20th. That Mary E. Nipe be divorced from Henry J.

Nipe, pursuant to a decree of the Chancery court of the
29th district, Northern Division.

21st. That Argent Kennedy be divorced from Sidney
M. Kennedy, pursuant to a decree of the Chancery court Kenney,
of the ^nd‘District, Southern Division.

Approved, December 16, 1859.

No. 140.] AN ACT

To divorce Nancy Mitchell from G. W. MitcRlK

Sec. 1 . Be it enacted by the Senate and House of Represent
tatives of the State of Alabama in General Assembly, convened,

That pursuant to the decree of the Chancery court for the
20th District, Middle Division, -the bonds of matrimony
heretofore solemnised and subsisting between Nancy Mit¬
chell and her husband, Greenierry W. Mitchell* are b*Te- lmcheU *
by disolved and annulled, and that said Nancy is divorced
from the said Greenfeerr|r.

"BwGi 2. Be it furthtr enmkd, That the naai&of thd

1859-60.

Hcxloby.

A very.

Deane.

Downey.

Simpkias.

Hitchcock.

Westbrook.

Nancy Mitchell is hereby changed to Nancy Ilodoby, which
name she may hereafter act, be called and known, contract,
sue and be sued.

x^ppkoved, December 5, 1859.

No. Ml.] AN ACT

To divorce Arthur Avery from, his wife, Ann Avery, and
other persons therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That in pursuance of the decrees of the several courts of
chancery hereinafter mentioned, the bonds of matrimony
heretofore subsisting, and hereinafter mentioned severally
between the following named persons, are hereby dissolved,
viz:

1st. That Arthur Avery, be, and he is hereby divorced
from his wife, Ann Avery, pursuant to a decree of the
chancery court of the 23d District, Middle Division, made
at the July term thereof, 1859.

2ud. That Catherine Deane, be, and she is hereby divorc¬
ed from her husband, Alexander Dean, pursuant to a de¬
cree of the chancery court of the Sixth District, Southern
Division, made at the March term thereof, 1858.

3rd. That Nancey i'. Downey, be, and she is hereby
divorced from her husband, Peyton D. Downey, pursuant
to a decree of the chancery court of the 21 nd District,
Middle Division, made at the July term, 1859.

4th. That Samuel Simpkins, be, and be is hereby divorc¬
ed from his wife, Mary A. M. Simpkins, pursuant to a de¬
cree of the chancery court of the 11th district, Southern
Division made at the November term, 1859.

5th. That Mary A. Hitchcock, be, and she is hereby
divorced from her husband, Andrew J. Hitchcock, pursu¬
ant to a dec r ee of the chancery court of the - District,

Southern Division, made at the November term thereof,
1858.

6th. That Elizabeth Westbrook, bo, and she is hereby
divorced from her husband, James G. Westbrook, pursuant
to a decree of the chancery oourt of, the 5th District,
Southern Division, made at the March terra, 1858.

7th. That Elizabeth B. Nunnolly, be, and she is hereby
divorced from her husband, William A* Nunnolly, porsu*

Ktrnno lly.

*28 1859-m

ant to a decree of the chancery court of the 17th Djstriefy
Middle Division, made at the June term, 1858.

8th. That Robert B. Higginbotham he divorced from
his wife, Elizabeth Higginbotham, pursuant to a decree of
the chancery court of the 80th District, Northern Division,
made at the June term, 1859.

9th. That Damaris Canty, be, and she is hereby divorc- 0 *®*/-
ed from her husband, J. M. Canty, pursuant to a decree of
the chancery court of the 4tb District, Southern Division,
made at the March term, 1858.

10th. That Margaret S. Olds, be, and she is hereby di-ow«.
vorced from her husband, John Olds, pursuant to a decree
of the chancery court of the 29th * District, Northern Di¬
vision,.made at the June term, 1859.

11th. That Henry Goodin be divorced from his wiffyuo®**.
Mary Goodin, pursuant to a decree of the chancery court
of the 23d District, Middle Division, made at the July
term, 1859.

12th. That Adeline Power be divorced from her hus- Power .
band, John M. Power, pursuant to a decree of the chan¬
cery court of the 14th District, Middle Division, made at
the November term, 1858.

13th. That Tinny Dewberry be divorced from her bus^ewbeny.
band, Leonard Dewberry, pursuant to a decree of the
chancery court of the 2nd District, Southern Division,
made at the July term, 1859..

14th. That Tabitha Gaskey be divorced from her hus- GMlusyj
band, Henry L. Gaskey, pursuant to a decree of the chan*
eery court of the 2nd District, Southern Division, made at
the June term, 1859.

15th. That Griffith Chapman be divorced from his wife, Chapmaa .
Margaret A. Chapman, pursuant to a decree of the chan¬
cery court of the 15th District,^Middle Division, made at
the November term, 1858.

16th. That Kesiah II. Hendrick be divorced fromJ|er hus- Hettdrick<
band, Adam Hendrick, pursuant to a decree of thecnancery
court of the 18th district, Middle Division, made at the
June term, 1£59.

17th. That Harriet S. Toole be divorced from her hus-

T<x*ra

band, Eli Toole, pursuant to a decree of the chancery court
of the 9th District, Southern Division, made at the June
term, 1859.

AfFKOVEP, January 21, I860.

124

1859-

Tinson.

Boland.

Feitumn.

Oaakey.

Nichols.

Marable.

60.

No. 142.] AN ACT

To divorce Wesley M. Pinson from bis wife, Susan A.

Pinson, and to divorce other persons therein named.

Sec. 1. Be it enacted by the Senate and Haase af Represent¬
atives of the State of Alabama in General Assembly convened,
That Wesley M. Pinson, be, and he is hereby divorced
from his wife, Susan A. Pinson, pursuant to a decree of
the chancery court of the 5th District, Southern Chancery
Division.

Sec. 2. Be it further enacted , That Tap]in Boland, be,
and he is hereby divorced from his wife, Elrnina Jane
Boland, pursuant to a decree of the chancery court of the
Middle Division.

Sec. 8. Be further enacted , That Thomas Feltman, be,
and he is hereby divorced from his wife, Nancy Feltman,
pursuant to a decree of the chancery court of the 21st
District, Middle Chancery Division.

Sec. 4. Be it further enacted\ ThatTabitha Gaskey, be,
and she is hereby divorced irorri her husband, Henry L.
Gaskey, pursuant to a decree of the chancery court of the
2nd District, Southern Division.

Approved, December 16, 1859.

No. 143.] AN ACT

To divorce Sarah Nichols from her husband, Edward

Nichols, and to divorce other persons therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That pursuant to decrees of the several courts of chancery
of this State, hereinafter mentioned, the bonds of matri¬
mony heretofore subsisting between the following named
persons be, and the same are hereby dissolved and hedd for
naught, to-wit:

1st. That Sarah Nichols be divorced from her husband,
Edward Nichols, pursuant to a decree of the chancery
court of the 29th district, northern chancery division.

2nd. That Lucinda Marable be divorced from her hus¬
band, Hartwell Marable, pursuant to a decree of the chan¬
cery court of the 14th district, middle chancery division.

3rd. That Mary B. Carter be divorced from her husband,

Carter.

125

1859-m

John M. Carter, pursuant to a decree of the chancery court
of the 14th district, middle chancery division.

4th. That Mary J. Trammell be divorced from her bus Tramw*n.
band, Columbus Trammell, pursuant to a decree of the
12th district, middle chancery division.

5th. That Zerelda Lawrence be divorced from her bus- Lawrence,
band, Henry Lawrence, pursuant to a decree of the chan¬
cery court of the 29th district, northern division.

6th. That Mary D. Smitha be divorced from her bus smith*,
band, William Smitha, pursuant to a decree of the chancery
court of the 12th district, southern division.

7th. That Elizabeth Skinner be divorced from ber bus-
band, William Skinner, pursuant to a decree of the chan-
oery court of the 1st district, southern division.

8th. That Elizabeth E. Dubois be divorced from her
husband, William Dubois, pursuant to a decree of the chan-
eery court of the 14th district, middle division.

9th. That Nancy Campbell be divorced from her hus¬
band, George B. Campbell, pursuant to a decree of the 0 *®?^-
chancery court of the 29th district, northern division.

lOlh. That Emily Goodwin be divorced from her hus¬
band, Beal Goodwin, pursuant to a decree of the chancery Ooodw ^
court of the 29th district, northern chancery division.

11th. That Frances M. Gibson be divorced from her hus¬
band, Hubert Gibson, pursuant to a decree of the chancery
court of the 16th district, middle chancery division.

12th. That Elizabeth R. Westbrook be divorced from her wes*t>rook.
husband, James G. Westbrook, pursuant to a decree of the
chancery court of the 5th district, southern chancery
division.

13th. That Francis M. Ilooper be divorced from his wife, Hooper.
Martha C. Hooper, pursuant to a decree of the chancery
court of the 16th district, middle chancery division.

14tb. That Elizabeth Smith be divorced from her bus-
band, Jackson Smith, pursuant to a decree of the chancery
court of the 16th district, middle chancery division*.

15th. That Pleasant Lovelady be divorced from his wife,

Martha J. Lovelady,, pursuant to a decree of the chancery
court of the 23rd district, northern chancery division.

16th, That Martha Holmes be divorced from her bus*
band, Robert Holmes, pursuant to a decree of the chancery
court of the 16th district, middle chancery division.

17th That Edward C. Seglerbe divorced,from his wife,.

Mary Segler, pursuant 4o ;< % deejee of the chancery
the 12th district* southern chancery division.

18tb. That James W\ Gteoa be divorced from h*8*dfe t * rwto .

1859- 60.

Biggs.

Hinds.

Harmon.

Steedtuan,

Overton.

Pollen.

Hill.

Moore.

Mitchell.

Prewitt.

Stovall.

Goodwin.

Scillen.

Varoum.

126

Sarah C. Green, pursuant to a decree of the chancery court
of the 32nd district, northern chancery division.

19th. That Sully J. Biggs be divorced from his wife,
Martha Ann Bigps, pursuant to a decree of the chancery
court of the 1st district, southern chancery division.

20th. That Henry E. Hinds be divorced from his wife,
Jane Hinds, pursuant to a decree of the chancery court of
the 26th district, northern chancery division.

21st. That Hilliard C. Harmon be divorced from his wife,
Dolly B. B. Harmon, pursuant to a decree of the chancery
court of the 26th district, northern chancery division.

22nd. That Julia A. Steedrnan be divoreed from her bus*
band, William H. Steedrnan, pursuant to a decree of the
chancery court of the 39th district, northern chancery
division.

23rd. That John Overton be divorced from his wife,
Julia A. Overton, pursuant to a decree of the chancery
court of the 39th district, northern chancery division.

24th. That Jacob J. Pullen be divorced from his wife,
Martha Ann Pullen, pursuant to a decree of the chancery
court of the 40th district, middle chancery division.

25th. That William D. Hill be divorced from his wife,
Minerva Hill, pursuant to a decree of the chancery Court
of the 28th district, northern chancery division.

26th. That Sarah A. Moore be divorced from her hus¬
band, William Moore, pursuant to a decree of the chancery
court of the 28th district, northern chancery division.

27th. That William C, Mitchell be divorced from his
wife, Aletha M. Mitchell, pursuant to a decree of the chan¬
cery court of the 33rd district, northern chancery division.

28th. That Eobert Prewitt be divorced from his wife,
Emily Prewitt, pursuant to a decree of the chancery court
of the 27th district, northern chancery division.

29th. That Archibald Stovall be divorced from his wife,
Leah J. Stovall, pursuant to a decree of the chancery court
of the 27th district, northern chancery division.

30th. That Henry Goodwin be divorced from bis wife,
Mary Goodwin, pursuant to a decree of the chancery court
of the 23rd district, middle chancery division.

31st. That John Scillen be divorced from his wife, Sarah
A. Scillen, pursuant to a decree of the chancery court of
the 1st district, southern chancery division.

32ud. That Doratha E. Yarnum be divorced from her
husband, Wm. H. Yarnum, pursuant to a decree of the chan¬
cery court of the 87th district, northern chancery division ♦
Approved, February 23,1860.

AN ^CT

No. 144.]

To divorce Jeremiah Smith from his wife, Margaret E.

Smith, and to divorce other persons therein named, and

for other purposes.

Sec. 1. Be it enacted by the Senate and Home of Represen¬
tatives of the State of Alabama in General Assembly convened ,

That Jeremiah Smith be, and he is hereby divorced from Smith,
his wife, Margaret E. Smith, pursuant to a decree of the
chancery court of the 89th district, northern chancery

o to

division.

Sec. 2. Be it farther enacted, That Rebecca S. Towerv be
divorced from her husband, Robert C. Towery, pursuant to
a decree of the chancery court of the 81st district, northern
chancery division; and that the name of the said Rebecca
S. Towery be changed to that of Rebecca S. Brock.

Sec. 8. Be it farther enacted , That Zilpha Rodgers be Rodgers>
divorced from her husband, David C. Rodgers, pursuant to
a decree of the chancery court of the 21st district and
northern chancery division.

Sec. 4. Be it further enacted, That George A. Oelrick he 0elri(rk
divorced from his wife, Joanna Oelrick, pursuant to a decree
of the chancery court of the 1st district and southern chan¬
cery division.

Sec. 5. Be it farther enacted , That Sarah Jeter be divorced J(tcr
from her husband, Samuel Jeter, pursuant to a decree of
the chancery court of the 12th district and the middle chan¬
cery division.

Sec. 6. Be it further enacted , That William Johnson be John ^ on
divorced from his wife, Rachael Johnson, pursuant to a
decree of the chancery court of the 27th district and
northern chancery division.

Sec. 7. Be it farther ena ted , That Harriet J. Lawrence ^

I* * , fiji wr enre

be divorced from her husband, Robert Lawrence, pursuant
to a decree of the chancery court of the 1st district and
southern chancery division.

Sec. 8. Be it further enacted , That James L. Hamilton be
divorced from his wife, Kate C. Hamilton, pursuant to a Ham,5t(>n
decree of the chancery court of the 1st district and southern
chancery division.

Sec. 9. Be it farther enacted, That Louisa Gilbert be
divorced from her husband, Frederick Gilbert, pursuant to GUbert *
a decree of the chancery court of the 1st district and south¬
ern chancery division.

Sec. 10. Be it further enacted, That William Y. Moss beMo#».

Moore.

Richard sod.

Partner.

Hill.

Bounecaze.

Draper.

Moore.

* divorced from bis wife, Elizabeth M. Moss, pursuant to a
decree of the chancery court of the 1st district and souih-
ern chancery division.

Sec. 11. Be it further enacted , That Catharine Moore be
divorced from her husband, John P. Moore, pursuant to a
decree of the chancery court of the 1st district and south¬
ern chancery division.

Sec. 12. Be it further enacted , That Eza Gassett be
divorced irom her husband, Peter Gassett, pursuant to a
decree of the chancery court of the 1st district and southern
division.

Sec. 13. Be it further enacted\ That Martha Jane Rich¬
ardson be divorced from her husband, Isaac Richardson,
pursuant to a decree of the court of chancery of the 24th
district and middle chancery division.

+ Sec. 14. And he it further enacted , That Samuel Farmer
be divorced from his wife, Nancy Fanner, pursuant to a
decree of the chancery court of the 24th district and middle
chancery division.

Sec. 15. Be it further enacted, That William D. Hill be
divorced from his wife, Minerva Hill, pursuant to a decree
of the chancery court of the 28fch district and northern
chancery division.

Sec. 16. Be it further enacted , That Prosper Bounecaze
be divorced from his wife, Maria Bounecaze, pursuant to
a decree of the caaneery court of the 1st district and south¬
ern division.

Sec. 17. Be it further enacted , That Bridget Draper be
divorced from her husband, George Draper, pursuant to a
decree of the chancery court of the 1st district and southern
chancery division.

Sec. 18. Beit further enacted , That Sarah Ann Moore be
divorced from her husband, Wyltam Moore, pursuant to a
decree of the chancery court of the 2oth district and north¬
ern chancery division.

Apfkoved, February 24, 1860.

129 1859-’60.

No..H 5.3 AN ACT

To divorce Henrietta Earnest from Edward J. C. Earnest*
and to divorce other persons therein named.

Sec. 1. $e it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,

That in pursuance of decrees of the several chancery courts
hereinafter mentioned, the bonds of matrimony heretofore
solemnized and subsisting severally between the following
named persons be, and the same are hereby dissolved and
held for naught, viz:

1st. That John Latham be divorced from his wife, Jane Lathani
Latham, pursuant to a decree of the chancery court of the
2nd district, middle chancery division.

2nd. That Henrietta Earnest be divorced from her has- Ew»e*t.
band Edward J. 0. Earnest, pursuant to a decree of the
chancery court of the 1st district of the southern division.

3rd. That James W. Burgess be divorced from his ‘wife,

Mary Burgess, pursuant to a decree of toe chancery court
of trie 37tK district, northern chancery division.

4th. That Patrick II. Ligon be divorced from his wife,

Frances F. Ligon, pursuant to a decree of the chancery Llgen%
court of the lJih district, northern chancery division.

5th. That Mary Turner be divorced from her husband ^uax <*.
Adaer D. Turner, pursuant to a decree of the chancery
court of the 14th district, middle chancery division.

6th. That Harriet Y. 1). Shurley be divorced from her SfeBrk ^-
husband Nathaniel Shurley, pursuant to a , decree of the
chancery court of the 1st district, southern chancery
division.

7th. That Jane C. Sbelden be divorced from her husband skeMen.
William Sbelden, pursuant to a decree of the chancery
court of the 1st district southern chancery division.

8th. That Jane Ay cock be divorced from her husband AyC9Ck *
Augustus S, Aycoek, pursuant to a decree of the ehancfcry
court of the 1st distrisfc, southern chancery division,

9th. ThatSallie Froelick be divorced from her husband
Theadore Froelick, pursuant to a decree of the chancery ******

Court of 20th district, middle chancery division.

iOth. That Virginia C. 110016 be divorced from her has- Moor*,
band Thomas'CL Moore, pursuant to a decree of the chancery
court of the 32d district;, northern division.

llth. ; That R, H. Dixon bedivorced'.frpm his wife,Musi-
dora Dixon, pursuant to a decree of the chancery couft ofj>^.
tho 33rd district northern chancery division. ' ' ^

130

1859-00.

Ivey.

Vinson.

l>nke.

Harvill.

King.

Moates.

Perpetual..

Board tnutees.

12th. That Sarah Jane Ivey be divorced from her hus¬
band James W. Ivey, pursuant to a decree of the chancery
court of the 15th district, middle chancery division.

13th. That James Vinson be divorced from his wife,
Lydia Vinson, pursuant to a decree of the chancery court
of the 25th district, northern chancery division.

14th. That Rebecca Duke be divorced from her husband
Hubbard Duke, pursuant to a decree of the chancery court
of the 13th district, middle chancery division.

loth. That Emily F. Harvill be divorced from her
husband Albert C. II. Harvill, pursuant to a decree of the
chancery court of the 16th district, middle chancery division.

16th. That Thomas P. King be divorced from his wile,

-King, pursuant to a decree of the chancery court of

the 20th district, middle chancery division, rendered at the
February term, 1858.

17th. That Nancy A. Moates be divorced from her hus¬
band Jonathan Moates, pursuant to a decree of the chan¬
cery court for the 12th district, southern chancery division.

Approved, January 21, I860'.

No. 146.] AN ACT

To Incorporate the Southern Military Academy.

Sec. 1. Be it enacted by the Senate and Hoy sc of Represent¬
atives of the State of Alabama in Gene-rat Assembly , convened ,
That a Military Academy be, and the same is hereby est b-
lished, to be located in the vicinity of Wetumpka, which
said school shall be known and distinguished as the a South¬
ern Military Academy.”

Sec. 2. Be it further enacted, That Edward S. Ready, R.
M. Cain, Thomas Williams, B. Trimble, R. M. Ci.erry, A.
G. Houghton, R. Smoot, L. J. Butler, L. P. Saxon, and
their successors in office be, and they are hereby constituted
a body politic and corporate, to be known as the board of
trustreesof the Southern Military Academy, and by that
name shall have perpetual succession; possess a common
seal, with power to break, alter, or change the same at
pleasure, and as a body corporate, may have and enjoy legal
rights and remedies being subject to the same, in as full
and ample degree as any Similar corporation in this State.

Sec. 3. Be it further enacted , That the board of trustees
and their successors, by their name afbresaid, shall be capa-

131

1859 - 60 .

ble in law of buying and selling, having, receiving and
enjoying lands, tenements, and hereditaments of any and
all kinds for life, or for a term of years; personal property
of every kind whatsoever, and sums of money to any
amount that may be given, granted, sold, or bequeathed to
them, to erect buildings, purchase grounds, apparatus, books
or any other thing which may be necessary for the use of
the school, for endowing, or supporting the same.

Sec. 4. Be it further enacted , That on the death, resigna-
t on, or disqualification of any member of said board of
trustees, a majority of those in office may fill such vacancy K l nc
or vacancies, and a majority of said board, including the
President, shall constitute a quorum for the transaction of
business, and may pass such by-laws, not incompatible with
this act, nor the Constitution and laws of this State, for the Pregldent
government of the school as they may deem proper. They res en *
shall elect a superintendent and commandant of cadets,
qualified to give instructions conjointly in the course of
studies pursued by the cadets of the United States at West
Point, and in such other branches of knowledge as they
may deem necessary.

Sec. 5. Be it further enacted , That the superintendent
of said school shall be ex officio President of the board of superintendent,
trustees, and shall be charged with the duty of colliding
and disbursing all sums of money received for tuition fees,
the duty of paying assistants, and shall with the consent of
said board, buy, sell, or dispose of books, apparatus and
other property for the use of said school.

Sec. 6 . Be it further enacted , That the superintendent
shall have the power of selecting such assistants as shall be
necessary, and that said superintendent, commandant of studi **‘
cadets and assistants shall constitute the faculty of the
school, with power to prescribe a course of studies, select
text books, establish rules and regulations for the govern¬
ment of themselves and cadets; to pnuish, reprimand, sus
pend, or expel any cadet for misconduct, to fix the rates
of tuition, and to do all things necessary for the internal
management of the affairs of the school: Provided^ the ap- Proviso,
pointment of said assistants shall be subject to the approval
of said board, or a majority thereof.

Sec. 7. Be it further enacted^ That the Governor shall
issue the commission of Colonel to the superintendent, and
of Lieutenant Colonel to the commandant of cadets, and Col0O€h
such other cornmisions to assistants as may be necessary to
fill the offices created.by the faculty, or the board of trustees.

Sec, 8 . Ik it futrfierlenacted, That the Governor is hereby

1859 -’ 60 .

182

Xquipments.

Annual ( X:n;Mi:a*

tioii.

Properly exempt

authorized to cause to be issued to the Academy, the neces¬
sary and suitable arms and equipments, on the requisition
of the superintendent thereof, who shall execute to the
Govenor of the State of Alabama, a bond for the full value
of the arms, with satisfactory securities, conditioned for the
safe keeping of said arms, and the safe return thereof to
the executive of the State, whenever such return may be
required or demanded.

Skc. 9. Be it further enacted. That the Governor shall
annually appoint a board of visitors, consisting of seven
persons, to attend the annual examination of the cadets,
and it, shall be their duty to examine into the sl ate of police,
discipline and general management of the Academy, the
result of which) examination they shall report to the Gover¬
nor, to be by him laid before the General Assembly.

Skc. 10. Be it further enact.nl , That the property of the
Academy be exempt from taxation, so long as the same
shall be Used for the purposes herein set forth.

Approved, February 3, I860.

No. 1-17.] AN ACT

To Incorporate sundry Volunteer Companies.

Sec. 1. Re it enacted % the Sena'e and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That tiie following volunteer companies, to-wit:

The Independent Blues, in Dallas county ;

Tne Tuskegee Light Infantry, in Macon county ;

The Southern Rifle Company, in Macon county ;

The Talladega Artilerv, in Talladega county ;

The Louisville Blues, in Barbour county ;

The Glennville Volunteers, in Barbour county;

The Midway Southern Guards, in Barbour county ;

The Wilcox Dragoons, in Wilcox county;

The Wetumpka -Light Guards, in Coosa county ;

The Orion Blues, in Pike county ;

The Canebrake Rifle Guards, in Perry county;

The Sumter Mounted Guards, in Sumter county;

The Andrew Jackson Guards, in Tallapoosaeounty;
The Quitman Rifles, in Pike county;

The Prattville Grays, in Autauga county y
The Warsaw Rifles, in Sufnter county;

The Southern Guards, in Butler county ;

The Auburn Quads,* in Macon county;

The Greenville Guards, in Butler county;

The Livingston Light lufmtry, in Sumter county;

The Cloptori Reserves, in Dale county;

The Metropolitan Guards, in Montgomery county;

The Charleston Rifles, in Dale county ;

The Russell Volunteers, in Russell county ;

The Pleasant Hill Cavalry, in Dallas county;

The Marengo Light Guards, in Marengo county;

The Marengo Rifles, in Marengo county ;

The McKinley Cavalry, in Marengo county ;

The Gainsville Rifles, in Sumter county ;

The Constitution Guards, in Marengo county;

The Rainer Grays, in Montgomery county ; #

The Pioneers,'in Barbour county ;

The Eutaw Rangers, in Green county;

The Governor’s Guards, in Dallas county ;

The Saltwater Rangers, in Baldwin county ;

The Ashville Guards, in St. Clair county ;

The Newbern Guards, in Green county ;

The Lineville Volunteers, in Talladega county;

The Coffeeville Mounted Guards, in Clark county;

The Independent Blues, of Marshall county ;

The Jackson Rifles, in Jackson county;

The Green County Legion, at Buutons Hill, in Green
county;

The Lowndesboro Guards, in Lowndes county;

The Limestone Troopers, in Limestone county ;

The Calhoun Guards, in Pickens county ;

The Carrollton Guards, ; in Pickens county;

The Memphis Rifles, in,.Pickens county;

The Calhoun Artilery, in Calhoun county ;

The Franklin Blues, in Franklin county ;

The Coosa Cavalry, in Coosa county ;

The Gadsden Light Guards, in Cherokee county;

The Marion Rifles and Perryville Rangers, in Perry
county; . #

The Centerville Guards and Randolph Rifles, in Bibb
county be, and they are hereby severally incorporated as
volunteer companies, by their respective names, subject t0 control <* goty.
the control of th& Govenor only except for the purpose of
review, for which purpose they may be called out by the
Brigadier and Major-Generals, aud except also in times of
actual, or threatened rebellion, or invasion ; and by their
respective names may sue, and be sued, plead and be

By *laws—Mar¬
tial courts.

No. of members,

Exempt from
road duty.

Certificate of
officer.

Arms.

Parade ground.

Pile their bonds

Act of leglsla
ture.

pleaded, buy and sell, and do all other -acts which bodies
corporate may of right do and perform.

Sec. 2 . Be it further enacted • That said volunteer com-
prnies are hereby authorized each for itself to adopt any
constitution and by-laws for their own government, not
repugnant to the laws of this State, or of the United States,
which shall be obligatory upon its members until repealed ;
they may hold Courts Martial, and the decisions of the same,
shall have the force and effect of a judgment at law, to be
collected by any person designated by the company for that
purpose, in the same manner as executions for justices
courts.

Sec. 3. Be it further enacted , That said companies shall
consist $f not less than thirty, nor more than one hundred
members each.

Sec. 4. Be it farther enacted. That the members of said
companies shall be exempt from road and jury duty, and
from military duty, except as provided for in this act.

Sec 5 . Be it farther enacted , That a certificate from the
commanding officer Of any of said companies, that the
bearer thereof has been, and is an acting member of such
company, in full uniform for six months, shall entitle such
member to the exemption herein enumerated.

Sec. 6 . Be it farther enacted , That said companies shall
be furnished by the Governor of the State with arms and
accoutrements, upon the execution of bonds by the officers
of said companies each with proper security, payable to
the Quarter-Master-General of the State for the return of
the same, should said companies disband, anil for any
damage they may receive through or by negligence of said
companies.

Sec. 7. Be it further enacted, That said companies may
each hold real property, for the purpose of a parade ground
and arsenal, not exceeding five thousand dollars in value.

Sec. 8 . Be it farther enacted , That each company hereby
incorporated, shall file their bonds as required in section
six of this act, anew at least every three years, and oftener
if required by the Govenor, and shall also between the first
day of October and the first day of November of each
year, make their report, under oath of the captain, or the
commanding officer ol each company respectively, showing
the condition of the companies, the number of active
members in each, and all other information which may be'
required of them by the Governor, or any act of the Uejg-
■ islature, and on failing to do anything required by this
section, the company so failing, shall forfeit their arms arms

186 1859 - 60 .

and accoutrements, furuished under the provisions of this
this act.

Sec. 9. Be it further enacted, That all laws contravening
the provisions of this act be, and the same are hereby
repealed.

Appkoved, February 21, 1860.

No 148.1 AN ACT

To Incorporate the Marion Rifles, and other Military Com¬
panies therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of ike State of Alabama in General Assembly , convened ,

That the Marion Rifles, in the county of Perry ;

The Mountain Hangers, in the county of Talladega;

The Sumerfield Huzars, in the county of Dallas;

The LaFayette Guards, in Chambers county;

The Colton Guards, in Lowndes county;

The Red Plume Guards, in Lowndes county;

The Shelby Guards, in Shelby county;

The Gainsville Rifles, in Sumter county;

The Monroe Troopers, in Monroe county;

The Perote Guards, in Pike county ;

The Minute Men, at Clinton, in Greene county;

The Randolph Rangers, in Randolph county;

The Cherokee Rangers, in Cherokee county;

The Rockford Rangers, in Coosa county.

Be incorporated under their respective names, subject to
the control of the Governor only, except for the purpose of
of review for which purpose they may be called out by er noir *
Major General and Brigadier General, and by that name
may sue and be sued, plead and be impleaded, buy and sell
and do all other acts which bodies corporate may of right
do and perform. _

Sec. 2. Be it further enacted, That said companies are con»thaui*
hereby authorized to adopt any constitution and by-laws 7 **
for their own government, not repugnant to the laws of this
State, or of the United States, which shall be obligatory on
its members until repealed. . ;

Sec. 8. Be it further enacted, That said companies shall NumW *
each consist of not less than thirty, nor more than eighty
regular members. , »

Bsc, i. Be it further enactcd^ That meraberi of said

1859 - 60 .

Exempt from
duty.

Governor to fur¬
nish arms, Ac.

Benton Gnards.

ConBtitntlon and
bylaws.

Exempt from
4aty.

136

companies shall be exempt from road and jury duty and
from military duties,, except as herein provided.

Sec. 5. Be if further enacted , That a certificate from the
commanding officer of either of said companies, that the
bearer thereof has been an acting member of'said company
in complete uniform for six months, shall entitle the said
member to the exemptions heretofore enumerated.

Sec. (>. Be it further enacted, That said companies shall
be furnished bv the Governor of the State, with arms and
accoutrements, upon the execution of bonds by the officers
of each of said companies, with proper security, payable to
the Quarter Master General of the State for the return of
the same on demand, should companies disband, and for
any damage they may sustain through or by negligence of
said companies.

Sec. 7. Be it farther enacted, That all laws or parts of
laws containing the provisions of this act be, and the same
is hereby repealed.

Approved, February 24, 1860.

No. 149.] AN ACT

To incorporate the Benton Guards, in Lowndes County.

Sec. 1 Be it enacted by the Senate and House of Rejireseru
tatives of the State of A labama in General Assembly , convened ,
That W. S. May, W. II. May, John Spract, I). J. McCord,
C. J. Randolph, and their associates be, and they are here¬
by incorporated as a volunteer cavalry company, in the
county of Lowndes, by the nam • and style of the “ Benton
Guards/’ and by that name may sue and be sued, plead and
be impleaded, buy and sell, and do all other acts which
such bodies corpora'e may of right do and perform.

Sec. 2. Be it further enacted , That said volunteer com¬
pany hereby incorporated, are hereby authorized to adopt
any constitution and by-laws for their own government,
not repugnant to the constitution of the. State, or of the
United States, which constitution and by-laws shall until
repealed, be obligatory on the members of said company .

Sec, 3. J Be it further enacted , That said company shall
consist of not more than one hundred nor less than thirty
members.

Sec. 4, Be U further enacted, That the members of sfticl
company shall be exempt from road duty and jury duty,

m wm*m.

and also from military duty, except as herein provided for,
and shall be subject to the control of the Governor only,
except for the purpose of review, for which they may be
called out by the Brigadier arid Major Generals.

Sec. 5. Beit jurther enacted, That a certificate from the
Captain, or other commanding officer of said company,
stating that the bearer thereof is and has been for six
months an acting member of said company in complete
uniform, shall entitle the said member to all the privileges,
immunities and exemptions enumerated in this act.

-Sec. 6 . Be it further enacted , That the Governor of the aov « roaT ^
State shall furnish said company with arms and accoutre- *i»h *«»•, ft*,
merits, upon the execution of a bond by the officers of the
company, with proper sureties, payable to the Quarter
Master General of the State, and conditioned for the return
of the same on demand, in the event said company should
disband, and for any damage sustained by or through the
negligence or want of care of said company.

Approved, February 25, 1860.

No. 150.] AN ACT

To incorporate the Coffee Rifles, in Coffee County.

Sec. 1. Be it enacted by the Senate and House of Represent *
a lives of the State of Alabama in General Assembly convened ,

That the Coffee county Rifles of Coffee county be, and they
are hereby incorporated by the name and style of “Coffee
.Rifles,” as an independent company, subject to the order
of the Governor of the State of Alabama, and the Major
General and Brigadier General of the Division in which
they may belong, and by that name may sue and be sued,
plead and be impleaded, answer and be answered unto, buy
and sell, and do &R other acts which bodies corporate, may
of right do and perform.

Sec. 2. Be it further enacted\ That the said Coffee Rifles By-iaws,
are hereby authorized to adopt any constitution and by¬
laws for the good government of said company, not repug¬
nant to the laws of Alabama, and they shall be obligatory
upon the members of said company until repealed.

Sec 3. Be it further enacted, That said company shall Require4tQB1UJJ .
be required to muster at least twelve times in each year. ter -

Sec. 4. Be it fmker enacted, That aR monies collected
by any officer for fines collected from any member of said™ 1 ®*

185&-m 188

company, shall be paid over to any person authorized to
receive the same, and all monies so accruing shall belong
exclusively to said company and be entirely under their
control.

Sec. 5. Be it further enacted\ That said company shall
not consist of not less than forty-four nor more than eighty
men, rank and file, and that this company may be preserved
no. of member*. anc j perpetuated, the members of said company, shall be
exempt from road duty and from serving on juries, except
in Coroner’s jury for said county.

Sec. 6 . Be it further enacted, That a certificate from the
Five years. commanding officer of said company, that the person
named in said certificate, has been an acting member of
said company in complete uniform for five years, shall
exempt said person from performing military duty in any
part of the State.

S»h 6r rms to f<ir ’ Sec. 7, Be it further enacted , That said company shall be
furnished by the Governor of the State with arms and
accoutrements, upon the execution of a bond, as prescribed
by the military code of the State of Alabama.

Approved, "February 2, 1860.

No. 161.] AN ACT

To incorporate the Metropolitan Guards.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That a volunteer company in the city of Montgomery, be,
and it is hereby incorporated by the name and style of the
Metropolitan “Metropolitan Guards,” subject to the control of the Gov-

Guards. eruor only, and by that name may sue and bo sued, plead

and be impleaded, buy and sell, and do all other acts which
bodies corporate may of right do and perform.

Sec. 2. And be it further enacted. That the said “Metro*
By-iaws. _ politan Guards” are hereby authorized to adopt any consti¬
tution and by-laws for their own government, not repugnant
to the laws of this State, or the United States, which shall
be obligatory on the members of the said company until
repealed.

No. of member*. g EC 3. And he U further enacted, That the sajd company
shall not cobsigt of less than thirty regular members.

S&$. 4. And be it further enacted, That the members be

189 1859-m

exempt fVom road and jury duty, and from military duty,
except as provided for in this bill.

Sec, 5. And be it further enacted, That a certificate from
the commanding officer of the said company, that the bearer
thereof has been and is an acting member of said company
in complete uniform, shall entitle the said member to the
exemptions heretofore enumerated.

Sec, 6 . And be it further enacted , That the said company
shall be furnished by the Governor of the State, with arms
and accoutrements, upon the execution of a bond by the
officers of said company, with proper security, payable to
the Quarter Master General of the State for the return of
the same on demand, should the said company disband,
and for any damage they may sustain through or by negli¬
ge nee of the said company.

Sec. 7. And be it further enacted , That all laws and parte
of laws, contravening the provisions of this act be, and
the same are hereby repealed.

Appkoved, February 24, 1860.

No. 152.] AN ACT

To incorporate the Columbiana Insurance Company.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly , convened ,

That John M. McClannahan, James B. Martin, David N.

McClannahan, Samuel Brader, Thomas H. Brasher, Joseph

Roper, William M. Allen, A. M. Elliott, Napoleon Billiards

and such others as may hereafter become associated with

them for that purpose, and their successors are hereby 0tfrpor * te

declared and created a body politic and corporate by the

name of the Columbiana Insurance Company, and by that

name shall be capable, in law, of suing and being sued in

any of the courts of law and equity in this State as ft natih

raf person; they shall have power to purchase, bold and

enjoy real and personal estate of any description whateo*

ever, and may dispose of the same at pleasure, and sMi

have power generally to do and perform any and every adi

necessary to be clone to carry into effect the objects of the

charter not inconsistent with the constitution and laws of

the State, and of the United States; they to have and use

a common seal a^d alter Ibe same at pleasure.

S&€. 2. Be it farther mm&df That the capital Said

1859 ~’ 60 .

C vpltal stock.

Books of sub¬
scription.

Power and au¬
thority.

u®

company shall be one hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, the
same to be paid in the manner following: Five dollars on
each share at the time of subscribing, and the balance in
such sums and at such times as the President and Directors
may determine upon and require, which capital stock may
hereafter be increased to any sum not to exceed one hun¬
dred and fifty thousand dollars, the same to be determined
by a resolution of the President and Directors; the
said stock shall be deemed personal property,'ami if any
stockholder shall fail and refuse to make the payments,* as
required of him by the President and Directors, such stock¬
holder shall be liable for his or her unpaid stock, and may
be sued for the same in the courts of Shelby county,
whether such defaulting stockholder resides in said county
or not, and the said stock rnay, by resolution of the Presi¬
dent and Directors belonging to such delinquent stockhol¬
der, be sold, in which event the portion previously paid in
by such defaulting stockholder shall be forfeited to the
corporation.

Sec. 3. Be it further enacted, That the books of subscrip¬
tion shall be opened at any time prior to the first day of
January, 1801, at such place in the town of Columbiana as
a majority of the persons narm-d in the first section of this
charter may determine, arid shall be kept open until the
sum of at least thirty thousand dollars shall he subscribed,
and the said persons, or a majority of them, shall, so soon
as the said sum of thirty thousand dollars is subscribed,
call a meeting of the stockholders, who shall proceed to the*
elec'ion of five Directors, and the said Board of Directors
shall proceed to elect one of their own body President, and
the sakl President and Directors shall have full power and
authority to appoint and remove at pleasure all officers and
agents of said corporation, to fix their compensation, pre¬
scribe their duties, and provide for taking of bonds of offi¬
cers lor the protection and security of said corporation,
They shall have the power to fill all vacancies which may
occur in their own body of an unexpired term, shall
appoint a President ‘pro tern., when the President is absent
and such appointments become necessary, and should the
President be from the meeting of the Board for two months
without leave at any time, the Board of Directors shall
have power, to declare his office vacant, and may make a
new election noder such rules as they may ,see fit to adopt

Sec* 4. Be it further enuctect, That the Directors shall be
elected by t^e stockholders, and the President by the Dkec-

141

i8$9-m

tors from among their own number, and when elected shall

have their office one year from the date of such election,

and until their successors are elected, and it shall be the

duty of the President and Directors to call an annual meet* Anoual m ^ u

ing of the stockholders to make such election, an-i in all

meetings of the stockholders those holding a majority of

the stock slut)l constitute a quorum, and each stockholder

shall be allowed one vote for each share of stock he hold',

and the stock may be represented either by the stockholder

himself or by proxy, and the power to vote for an absent

stockholder may be conferred by any written expression of

such desire, provided that no one shall act as proxy who is

not a stockholder himself.

Sec. 5.- be it further enacted , That the said corporation
shall have power to make insurance upon ships and ail
other sea vessels, upon steamboats and all other river boats,
on all goods, wares and merchandise, slaves, bullion, money
and other property against aT marine or river risks, and
upon houses, stores and other buildings, goods, wares and *"»«*****•
merchandise of every description against tire, and to fix a
premium thereon, and may make insurance upon the litfes
of persons, fixing a rate of insurance thereon ; to receive
from any free person or persons, or from any corporation
deposits on trust, and to accept all such agencies or trust
within the scope of its business as may be confined to if;
it shall have power to borrow money and issue its bonds
therefor, to invest if money and property in anything, and
in any manner, which would be lawful for a citizen to in¬
vest money or property in, and the said property and seen*'
rities to sell and transfer at pleasure ; it may loan its money
or property to any person or persons, or corporations, on
any security which it may think proper. The said corpor¬
ation shall have power to purchase, discount, and sell bills
of exchange and pr >missory notes, to receive oh deposit
and for collection promissory notes and bills of exchange,
and may charge for such collections sued per cent, as is
usual in similar chartered insurance offices, or private bank¬
ing houses: Provided , That the said corporation shall not provu©.
make or issue any bills, bonds, note3 or other securities to
circulate in the community as money, or pay out or circu¬
late the notes of foreign banks.

Sec. 6. Be it further enacted, That the President and pi- Transfer of eer-
rectors shall have power to fix the mode of. the trabsrqyof ****** #f * tock -
the certificate of stock* as well as the time, mode and places
of the payment of interest and due deeds, an<| a inajpidty
of the Board of Director* jfcai]. a < The

said corporation shall also have power to pass all such by-
* laws, rules and regulations as may be necessary and proper
to carry into effect the provisions of this charter, and to
carry on the business of such corporation, provided the same
are consistent with the provisions of this charter, and with
the law and constitution of this State and the United States,
and the said corporation shall have power to make all such
contracts and bargains by the President and Directors, or
by such agent as they may appoint as may seem to them
most for the interest o 1 said corporation.

Sec. 7. Be it further enacted, That the President and
Directors may by resolution or by law create all officers and
agents of said corporation not herein specially provided for,*
and may prescribe their duties, they shall have power to
Oaths. prescribe an oath which each officer shall take and subscribe

before he enters upon the duties of his office, and they shall
fix and prescribe the amount and conditions of each bond
’* to be given by the officers.

Sec. 8 . He it further enacted , That the said corporation
liable to crodi. shall be liable to its creditors to the full extent of its prop-
tora * erty and assets, and the several stockholders shall be liable

to the creditors of the corporation to the extent of their
stock subscribed and not paid in.

Sec. 9. Be it further enacted , That this charter, and all
Fifteenyw** the powers and privileges herein contained and granted,
shall remain in full force for the period of fifteen years
from the date of its approval. ,

Sec. 10. Be it further enacted , That all bills, bonds, notes,
niSe* Ae* 8 ’ ° r ot '^ ier securities made payable in or at the office of said
corporation, shall be subject to the same rules of law, and
to the same legal remedies as if payable in or at one of the
chartered banks of this State.

Sec. 11. Be it further enacted, That said company may at
pleasure remove their principal office, or a branch thereof,
to Selma in this State: Provided , That the General Assem¬
bly may at any time hereafter modify or repeal this charter:
Branch to And, provided further, That nothing Contained in this act
shall be construed as conferring upon said company bank¬
ing poWers or pri /ileges: And, provided further , That no
bank note or bill issued or made by any bank created or
established by the authority of any of our sister States; or
of any foreign country, shall be paid out under any circum¬
stances by the company created by this act; of by any of
its officers or agents, under penalty of forfeiture of the
charter by this act created.

Pebrukry 2,1^0.

148 185&-m

No. 158.3 AN ACT

To amend lie Charter of the Weturapka Insorance Com¬
pany-

Sec. X. Be it enacted by the Senate and House of Represent
a lives of the State of Alabama in General Assembly ) convened*
That the act to incorporate the W etumpka Insurance Com¬
pany, approved 15th February, 1856, be so amended as to
locate said company in Welumpka, Coosa county, Alabama.

Sec. 2. Be it further enacted , That the capital stock of
said company be increased from one hundred and fifty
thousand dollars to three hundred thousand dollars, to be
divided into shares of one hundred dollars each.

Approved, February 23, 186i>.

No. 154.] AN ACT

To Incorporate the Columbus and Florence Railroad

Company.

SEC. 1. Beit enacted by the Seriate , and House of Represent¬
atives of the State of Alabama in General Assembly convened,

That John H. Howard and R. G\ Dawson, of Muscogee
county, Georgia; J. J. Moses and R. C. Howard, of Rus¬
sell cotinty, Alabama; J. T. B. Turner, William Carter,

A. P. Rood and A. W. Hill, of Steward county, Georgia ; Bod *

W. Boynton and L. Bryan, of said county and State, or
such of them as shall accept this charter, with their asso¬
ciates, successors and assigns, are constituted a body politip
and corporate, by the name of the Columbus and Florence
Railroad Company, and by that name to sue and be sued*
to plead and be impleaded, in any court in this State, to
make and have a common seal, and the same to break,
alter and renew at pleasure, and sdid corporation is hereby
invented with all powers, privileges and i mm unities which
are or may be necessary to carry into effect the purposes
and objects of this act, and said company is hereby author¬
ised and empowered fo locate, construct and finally c<hn-
pietc a single or double railroad,* or may from some pdinfc
on the Mobile and Girard railroad; near Fort MitcheiV to m ^
some point on the Western batik of the Obatiaftooehe R R *

opposite thb town of Florence, <3teorj^ and
carry 'or taka propel&y ^

i %m~m>

144

of steam or animal, or any other power, or of arty combi¬
nation of them, which said company may choose to apply,
and for the purpose of constructing said railroad or way,
the said company is hereby authorised to day out their
road, not exceeding one hundred feet wide through the
whole length, and for the purposes of depots, cuttings and
embank me nts, and for the purpose of necessary tun routs
and for obtaining stone and gravel, may take as much more
land as may be necessary for the construction and security
of said road, with permission to make any lawful contract
with any other rai’road corporation or person in relation
to the business ol saivl first named corporation, and also to
make joint stock with any ether railroad corporation : Pro¬
vided . That all damages that tnav bo occasioned to anv
* ' — , %/ */

Frovpo. person by taking any such land or material as aforesaid,
shall be paid for by said first named corporation in manner
hereinafter provided.

Sec, 2. And be, it further enacted, That the capital stock

c?i|»itaistock, shall uot exceed three hundred thousand dollars, in shares
of one huudred dollars each, which shares shall be deemed
personal property, and be transferred in such manner and
in such places, as the bydaws of said company shall direct:
Provided , That said company may commence t.ie construc¬
tion of said roaC, with all the powers and privileges con¬
tained in this act, whenever the sum subscribed to the

tioil.

capital stock shall be fifty thousand dollars.

. Sec. 3. And be It farther enacted\ That payment of sub*
payment of sub- gcr jp^ oa £ 0 ^ 3e stock in said railroad, may bo made in the
materials, labor, provisions and every thing necessary for
the construction of'said road, which the Board of Directors
at their discretion may deem it expedient to accept.

Sec. 4. And be it farther enacted. That the persons named
Bookof subscript section, or any three of them may open books

to receive subscriptions to the capital .stock of said corn
puny at such times and places as they or a majority of
them may appoint, and they shall give such notice of the
times and places of opening said books, as they may deem
reasonable, and shall receive such subscriptions under such
.regulations as they may adopt for the purpose.

Sec. 5. And be U further enacted, That the immediate

S overurnent and direction’Of the affairs of said company
hall be vested in nine Directors, who shall be chosen by
the stockholders of said company, in the manner hereinaf¬
ter provided, and shall bold their office until others are
duly elected and qualified to tak$ places as directors,
and the jvl?q?u -thu, ^resident bfeing

Directors.

,145 1859-m

one, shall be a quorum for the transaction of business, shall
elect one of their members to be President of the Board,
who shall also be President of said company ; they shall
also choose a secretary and such other officers as they may
deem necessary, and a treasurer, who shall give bond with
security to said company in such sum as said Directors may
require for the faithful discharge of his trust.

Sec. 6 . And be it further enacted , That the persons author¬
ized by the fourth section of this act, to open the books for
subscription to the capital stock of said company are here¬
by authorized after the books of subscription to capital
8 lock of said company are closed, or when the sum sub- Book
scribed shall be fifty thousand dollars, to call the first meet* K> *‘
ing of the stockholders of said company in such way and
at such time and place as they may appoint for the choice
of Directors of said company, and in all meetings of the
stockholders of said company, each share shall entitle the
holder thereof to one vote, which vote may be given by
saidnstockholders in person or by lawful proxy, and the
annual meeting of the stockholders of said company for the
choice of Directors, shall be holden at such time and place
and upon such notice as the said company in their by-laws
may prescribe.

Sec. 7. And be it furtJier enacted , That in case it should
so happen that an election of Directors shall not be made
on any day appointed by the by-laws of said company, said
company shall not, for that cause, be deemed to be dis- siecti#*
solved, but such election may be holden on any day which
shall be appointed by the Directors of said company, and
said Directors shall have power to fill any vacancy which
may occur by death, resignation or otherwise.

-Sec. 8. And be it further enacted, That the Directors shall
have full power to make and prescribe such by-laws, rules
and ^regulations as they shall deem needful and proper,
touching the disposition and management of the stock, JJ; laW9)rulM ’
property, estate and effects of said company, not contrary
to tins charter, or the laws of this State or of the United
States, the transfer of shares, the duties and conduct of their
officers and servants, touching the election of, meeting of
the Directors, and all matters whatsoever which may apper¬
tain to the concerns of said company; said company is
also hereby authorized to purchase, receive -and hold such
estates as may be necessary and convenient in accomplish*
ing the objects for which this incorporation is granted, and
may by their agent, surveyors, engineers and servants,

^ater upon all lands and tenements through which they

1859-60.

146

flight of way.

Executor* and

administrator?.

Clerk of circuit
court.

Sheriff.

may deetri it D«aes§ap| to ihake&jd road, >*d to survey,
lay out and construct the same, and to agree and contract
for the land, or right ol way, with the owners through
which they may intend to malce such road, in case such
lands belong to the estate of any deceased person, then the
executor or administrator of such, or in case of the same
belonging to a minor or a person non compos mentis , then
with his or her guardian, or in case said lands be held by
trustees of school sections, or other trustees of estates, then
With such trustees, and the said executors, administrators,
guardians and trustees are hereby declared competent for
such estate or minors to contract with said company for
the right to use, occupy and possess the lands of such
estates, minors or trustees, so far as may be useful or neces¬
sary to the purposes of said road; and the act and deed of
such executors, administrators, guardians or trustees in
relation thereto, shall pass the title in said land in the same
manner as if the said deed or act was made or done by a
legal owner of full age, and such executor, administrator,
guardian, qr trustee, shall account to those .interested upon
their respective lands for the amounts paid them in pursu¬
ance of such agreement and composition; and if the said
company and parties representing lauds prefer, they may
refer the question of compensation to arbitrators, mutually
chosen, whose award, or that of their umpire, in case of a
disagreement, shall vest title according to its terms.

Sec. 9. And be it farther enacted , That if said company
cannot agree with the owner of the land through which
they may desire sa ; d road to pass, or with executor, ad¬
ministrator, guardian, or trustee, it shall and may be lawful
for the clerk of the Circuit Court of the county in which
said land lies, on the application of said company as its
agents, and he is required to issue a writ of ad quad damnum
commanding the sheriff that without delay, he cause a jury
of six good and lawful rnen to be upon such land upon a
day to be appointed and fixed by said sheriff, and it shall
be bis duty to give notice to the owners, executors, admin¬
istrator, guardian, or trustee, at least five days before-said
day if they be within his county, or if not, or if the owner
or owners bo unknown, the notice shall be given bv adver¬
tisement, to be by said sheriff posted and fixed at the
dwelling house, if such there be, or on a public or conspic¬
uous place, at least five days before such appointed day,
and also by advertising the same in some newspaper pub-
lishei nearest tbe land at least three weeks t>y weekly
insertions, prior to said day, and then cause said jury after

being duly sworn by said sheriff, or justice of the peace, to
make true inquest of the damages that will be sustained by
such owner or estate, by reason of making said road through
such land. If any such juror shall fail to appear, or by
reason of challenge for cause or otherwise fail to sit on said
inquest, the said sheriff shall fill said jury from the by¬
standers, and if they fail to render a verdict, the said sheriff
shall again on the same day or a subsequent day, empannel
a new jury or juror, till a verdict be had, such verdict and
inquest regularly certified by such sheriff, shall be returned
to the office of the Clerk of the Circuit Court of the county
in which said land may lie, and there remain among the
records, and such verdict shall vest in said company the
right to occupy and use such land for the purposes of said
railroad, on the payment or tender of payment of the
damages thereon assessed against said company, and incase
of persons absent or unknown, as aforesaid, the placing of
the amount of such damages to the credit of the owner in
the hands of the Judge of the Probate Court of the county Damage*,
in which said lands may lie, shall be deemed and taken as
payment, and such judges shall be liable on their bonds to
make due payment of said money on demand.

Sec. 10. And be it farther enacted , That it shall be the
duty of the sheriff to appoint and hold said inquest within
ten days after the receipt of the said writ of ad quod dam -
m/m, except in cases of absence aforesaid, in which case
thirty days shall be allowed him, and five days in addition
are allowed him for every additional jury, which be may
have under said writ, and for every default therein the said
sheriff shall be fined by the Circuit Court, at the instance
of either party, not less than twenty nor more than one
hundred dollars, and every juror and witness summoned
shall be fined not less than ten dollars for non-attendance,
of all such fines, as well as costs, the Circuit Court of the
county shall have jurisdiction. There shall be allowed the CircuW€ourt ‘
following fees to the Clerk of the Circuit Court: For etrery
writ of ad quod damnum, seventy-five cents; for receiving
and filing inquest, seventy-five cents, to the sheriff for giv¬
ing notice seventy-five cents, besides printing fees not w,tne,8e *-
exceeding two dollars, and for summoning witnesses,
twenty-five cents each, to jurors* seventy-five cents per
day each, which-fees are not allowed until a verdict be
returned an defiled, and shall be taxed in the bill of costs,
and be paid by the company: provided , however y That
before the application for said writ, the company make, a
tender to the owner or owners, of such land a sum of tn»ney

by them deemed eqtiitajem tafbe damages to be sustained,
find upon refusal to accept the sum tendered, and a verdict
of the same amount or a less Sum, the costs shall be taxed

Branches.

Water courte.

•*

Proviso.

Transportation.

Construction of
works.

to and paid by the owners of the land upon which inquest
is held.

Sec. 11. And be it further enacted. That said company is
hereby authorized to construct, erect, build and use a single
or double railway or road of suitable width and dimensions,
to be tdetermined by the Directors of said company on the
line or course by them designated, and also under the same
rules, regulations and instructions, and with the like pri¬
vileges and immunities as are herein granted to the main
railroad, to build and construct branch railroads on either
side of the main road, not exceeding five miles, and shall
have power to regulate the time and manner in which
goods and passengers shall be transported, taken and
carried on the same, and shall have power to erect And
maintain toll houses, and other buildings for the accommo¬
dation of their concerns, as they may deem suitable for
their interests.

Sec. 12 . And be it further enacted , That whenever it
shall be necessary for the construction of their single or
double railroad or way, to intersect or cross any stream of
water or water course, or road, or highway, it shall be law¬
ful for said company to construct across or'upon the same,
but the said company shall restore the said stream or water
course* or any road or highway thus intersected, to its
former state, or in a sufficient manner not to impair its
usefulness, and in all cases when any road or public high¬
way is so located that the railroad cannot be judiciously
laid out and constructed across or upon the same without
interfering therewith, in such case or cases, said company
may by their engineer, cause such road or roads to be
changed or altered in such manner that said railroad may
be made on the best side of ground for that purpose: Pro¬
vided, said corporation shall put such road in as good
repair as at the time of changing or altering the same.

Sec. 18. And be it further enacted, That it shall be lawful
for the company hereby incorporated, from time to time,
to fix, regulate and receive the transportation of persons
or property on their railroad or way aforesaid, hereby
authorized to be constructed, erected, built or used, or upon
any part thereof. ! % ‘

Seo. 14 . And be it furthb enacted, That ifany person or
persons, will or shall wilfully do or cause to be done any
act or acts whatsoever, whereby any bufWings, co ns truction

m works of said company, or any engine, machine or struc¬
ture or any matter or thing appertaining to the same, shall
be stopped, obstructed, impaired, weakened, injured, or
destroyed, the person so offending shall be deemed guilty
of a misdemeanor, and shall forfeit and pay to said com¬
pany double the amount of damages sustained by reason
of such offense or injury to be recovered in the name of
said corporation, with costs of suit instituted for that
purpose. .

Sec. 15. And be it farther enacted , That the Directors of
said company ’may require the payment of the sum or sums
subscribed to the capital stock of said company at such BtockHoW***,
times and in such proportions, and upon such conditions,
as they may deem fit, and in case any stockholder shall
fail or neglect to make payment pursuant to the requisi¬
tions of the Board of Directors, the stock of such stock-**»*«* director*,
holder, or so much as shall' be necessary may be sold by
the Directors of said corporation at public auction, after the
lapse of ninety days from the time which the payment
became due, and the surplus money, the avail of such sale
after deducting the payment due and the interest thereon,
and the necessary expenses of sale shall bo paid over to
such delinquent stockholder.

Sec. 16. Be it further enacted, That the construction of
said railroad shall be commenced within three years, and
be finished in ten years.

Approved, February 25, 1860.

No* 155.] AN ACT

To incorporate the Marion Insurance and Trust Company*

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of (he State of Alabama in General Assembly convened,
That there shall be established in the town of Marion, the
county of Perry, a company to be called and known by
the name and style of the u Marion Insurance and Trust
Company,” and that the same be invested with power and
authority to make general insurance upon houses, stables*
machinery, cotton, corn and other produce; upon lives and
health, both of white persons and of slaves,, upon stock o£
every description, upoib vessels, boats, freights, money*
goods, wares and merchandize, and any other speoi&s of
property, against loss in any manner by fire, dangers of the

150

Dei-ostt*.

Kanlcs.

Creditors.

Books of aub-

f- crlption.

sea, rivcr3 or otherwise, at such rate of premium as such
company may agree to, and to transact all such matters as
appertain to an insurance company, and also the said Com¬
pany is empowered and authorized to loan its money or
funds, from whatever source received, at interest, to invest
the same in real or personal securities, by discounting, and
deal with the same in the purchase and sale of domestic
and foreign exchange; and the said company may, and it
is hereby authorized to receive in trust, or on deposit, all
funds or moneys that may be offered to them, on interest
or otherwise, and may give acknowledgements for deposits,
in such manner and form as they may deem convenient and
necessary to transact such business : Provided , said incor*
poration shall not make any certificates or acknowledge¬
ments for deposits to pass, or circulate as money, deal in or
use the bills of any foreign banks, and all such persons as
shall become stockholders of said company, and their suc¬
cessors, shall and may have continual succession, and shall
be capable in law of sueing and being sued, pleading and
being impleaded, answering and being answered unto, de¬
fending and being defended, in all courts and places what¬
soever, in all manner of actions, suits, complaints, matters
and causes whatsoever, and they and their successors may
have a common seal, and may change and alter the same at
pleasure, and also they and their successors by the name,
style and title of the “Marion Insurance and Trust Com¬
pany,” shall be in law capable of purchasing, holding and
conveying all kinds of estate, whatsoever, real and’personal,
for the use of the said corporation subject to the restrictions
hereinafter mentioned : and the said company may have a
capital stock, one hundred thousand dollars, with the priv¬
ilege of increasing the same to two hundred and fifty thou¬
sand dollars whenever the Board of Directors deem it expe¬
dient, divided into shares of one hundred dollars on each
share.

SEC. 2. Be it further enacted\ That books for subscrip¬
tions shall be opened in the town of Marion for the said
shares on the second Monday in March next, (I860,) under
the superintendence of C. C. Crowe, L. T. Wbitsett, W.
P. Holman, D. T. Williamson, J. C. Reid, J. E. McEaehin,
W. M. Brooks, E. H. Bernhard, I. W. Garrett, Porter King
and S. H. Fowlkes, or any six of them, which books for
subscription shall continue open until fifty thousand dollars
be subscribed, but no share or shares shall entitle the hol¬
der to vote at any election, unless the same shall have been

Electrons.

151 1859V6Q.

held yjkfe by him ux her at least ten days ©ext immedi¬
ately before such election.

Sec. 3 . Be it further enacted , That there shall be chosen
seven Directors, who shall hold their office for one year’, meciwt
and until their successors shall be duly qualified, which J)i-
rectors at the time of their election, and during their con¬
tinuance in office shall be holders, in their own right, of at
least ten shares, and shall be elected annually after the first
election, at the office of the said company or any other con->
venient place in the town of Marion, and at such time of
the day as the President of the company shall appoint, of
which election notice shall be given in a newspaper pub-
lished in Marion at least ten days next before said election,
and said election shall be bv ballot in person or by proxy,
and each stockholder shall be entitled for every share tp
one vote, and that if no election takes place on such day,
the President may order the same from time to time until
an election be effected.

Sue. 4. Be it further enacted , That Directors of said com¬
pany, in the first instance, shall be chosen in the following stock *ub«crtp-
manner, viz : As soon as fifty thousand dollars shall have
been subscribed the said C. C. Crowe, L. T. Whitsett, W.

P. Ilolmau, D. T. WiHiarasbn, J. C. Reid, W. M. Brooks,

E. H. Bernhard, Porter King, John Ilouze, J. E. McEachin,

I. W. Garrett and S, II. Fowlkes, or a .majority of them,

shall appoint a place in the town of Mariam lor the election

of said seven Directors, and shall give at least ten days no*

tieo of the same in a newspaper published in Marion, ana

it shall be lawful for said election to be then and there held

under the before mentioned persons, by the stockholders

and the persons then and there chosen shall be the first wrv i ce

Directors of said company, and shall serve for one year and Tena Qturtc *

until their successors are qualified, and that said Directors

shall meet as soon as convenient, after such their elation*

and choose out of their own number a President, who shall

serve until another board be elected and,qualified, and ip

case of vacancy the Directors shall choose another of their

body, in like manner, President.

Sko. 5. Me it furtlur enacted r That the Directors, or a vao*»ck».
majority of them, shall have power to fill vacancies in their
own body, and to make, prescribe and alter §ueh by-laws,
rules and regulations as $o them shall appear, needful ana
proper for the management and disposition of the
property and effects pf said company : PrQ^ide(f they
not be repugnant to the constitution and laws of this

Sec. 6 . Be it further moated, . That, the Bo^rd of pirfeotota

1850~*8O.

152

pow«r. of said company shall have power to regulate the number
of their body necessary to transact the general business of
the compaity.

Sec. 7. Be it further enacted That the President and Di¬
rectors of said company shall have full power and author¬
ity to appoint and remove at pleasure all officers and agents
of said corporation, to fix their compensation, prescribe
their duties, provide for the taking of bonds from them for
offic«r**coH>|)en-the security of said corporation, for the faithful perform-
»auoo, ance of their duties, and said Directors shall and may ap¬

point a President pro tempore ; when the President may be
absent from their meetings, and if the President or any Di¬
rector may be absent, without leave, for five successive reg¬
ular meetings of the board, a majority of the same may
declare his place vacant, and proceed to fill it without
notice to such absent President or Director.

Sec. 8. Be it further enacted , That any stock in
said “ Marion Insurance and Trust Company,” owned by
persons indebted to said company, whether as principal or
security to others, and whether said indebtedness be due or
iadrf>t*dae*«. has not yet matured shall, at the option of the Directors of
said company, be held as security until said indebtedness is
discharged, and in case of failure of payment of said in¬
debtedness within thirty days after maturity of the same,
the Directors shall have power to sell said stock, or as much
Teu4»j$ o+ttoe. thereof as will satisfy said indebtedness, bv advertising the
same for ten days in some newspaper published in Marion,
and without any further notice to the owner thereof.

Sec. 9. Be it further enacted , That said corporation shall
Responsible. be responsible to its creditors to the extent of its property,
and the stockholders to the ex teat of the amount of their
respective stock not paid up.

Sec. 10. Be it further enacted , That all bonds, bills of
boo*, wit* Ac, exchange, drafts and promissory notes payable in or at the
pffice of the said “Marion Insurance arid Trust Company, 0
shall have the same legal effect, and be subject to the same
legal remedies, as if the same were made payable in or at
a bank or banks of this State.

SEC. 11. Be it further enacted, That no insurance shall be
made bj the said corporation until fifty thousand dollars of
stock be subscribed for and secured/

Sec. 1?. Beit further enacted, That the corporate right
nyea». fraoeb^conferred by this act, shall cease and deter*

riling. &t tfc4 expiration of fifteen years from the passage Of
is act. 4

AtTjbVim, February 28,1860.

iw iss^m

No; 156.3 an ACT ~

To Incorporate the Tuscaloosa Insurance Company.

Sec. 1. Be it enacted by the Senate and House of Represen t ¬
atives of the State of Alabama in General Assembly , convened ,

That William II. Jemison, Leonard B. Neal, C. J. Figust,

M. H. Chancellor, W. Moody, T. F. Samuel, R. H. McLes*
ter, John Glaaeocke, John Cobbs, P. H. Eddios, and their
successors, be, and they are hereby constituted and declared
a body politic and corporate, under the name and style of
the “ Tuscaloosa Insurance Company,” and shall be entitled
to all the rights, privileges and immunities, and subject to
all the restraints, restrictions and disabilities conferred and
imposed by its charier upon the Tuskegee Insurance Com¬
pany, approved January 19, 1856: Provided , That any
three oi the above named persons may open books for sub¬
scriptions for stodv in the city of Tuscaloosa, and any sub¬
scriber for stock in said “ Tuscaloosa Insurance Company,”
failing to pay his subscription as required, may be sued
therefor in the courts of Tuscaloosa county: And, provi¬
ded farther , That said company shall not borrow money
from banks not chartered by this State, upon penalty of
forfeiting this charter.

Approved, February 25, 1860.

No. 157.] AN ACT

To Incorporate the Opelika Insurance Company.

5 Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That there be established in the town of Opelika, a com¬
pany for the purpose of transacting a general insurance
business, which company shall be called and known by the
name of the “ Opelika Insurance Company,” and the stock¬
holders and their successors shall have continual succession^
and by that name shall be capable of suing, and being
sued in all the courts of this State* of purchasing, holding
and conveying property of all descriptions ; to make, have
and use a oomnfion seal, and the same to alter and renew
pleasure, and generally to do any act necessary to e&rrj*
rkto effect the objects of the corporation not ineoaaistei|

Capital stock.

Hooke of sub¬
scription.

Directors and
president.

Vacancies.

with the laws and constitution of the State and of the
United States.

Sec. 2. Be it .further enacted, That the capital stock of
this company shall be fifty thousand dollars, to be divided
iuto five hundred shares of one hundred dollars each, and
the same to be paid in the manner following: ten dollars
on each share at the time of subscription, and the residue
when the President and Directors of the corporation may
direct, which capital stock may hereafter be increased to
two hundred thousand dollars, in such manner as the Presi¬
dent and Directors of the corporation may determine, the
said stock shall be deemed and held as personal property ;
and if any stockholder shall'neglect and refuse to make
the payment as required, his stock may he sold, by order
of the President and Directors, and such stockholder shall
be liable for the balance due by him, and may be sued in
the Circuit Court for the same, in the county of his perma¬
nent residence.

Sec. 3. Be it further enacted , That the books of subscrip¬
tion shall be opened in the town of Opelika, under the
superintendence of R. J. Thornton, R. C. Jeter, William
C. Ross, Ezekil llollis, W. G. Williams and Robert S.
Brownfield, or any three of them; that said books of sub*
scription shall be opened at any time prior to the fir*t day
of May next, at such place in said town of Opelika, and
shall be kept open until the sum of fifty thousand dollars
shall be subscribed for, and the said persons, or any three
of them shall as soon as may be, alter the books of sub¬
scription are closed, call a meeting of the stockholders,
who shall proceed to the election of not less than three,
nor more than seven Directors as may be determined by
them, and the said Directors shall elect one oi their own
number President, and said President and Directors elected
in pursuance of this act, shall have full power and authority
to appoint and remove at pleasure, all officers and agents
of said corporations; to fix their compensation and pre^
scribe their duties; to prescribe for the taking of bonds
from them, for the security of the corporation ; and. for the
faithful performance of their duties, and they shall also
have power to fill any vacancy which may occur in their
own body, and also to appoint a President pro tern, when
the president may be absent from their meetings; and if
the President or any Director shall be absent without leave
for llvo successive regular .meetings of the Board* a majority
of the same, Bp ay declare his place yaeant and proceed to
fill it without notice to such absent President or Director.

Sec. 4. Ife it further enacted* '/That the Directors of thd
corporation shall be elected by the stockholders* and the
President by the Directors, from among their own number,
and-when elected, they shall hold their offices for one year,
or until their successors are elected, and it shall be the duty
erf the President and Directors to call on annual meeting of
the stockholders, to make such election, and in all meetings
of the stockholders those holding a majority at the stock Annual IQeet, K 8 -
shall constitute a quorum, and each stockholder shall be
allowed one vote for each share, of stock he holds, and the
stock, may be represented in person or by proxy, and the
power to vote for an absent stockholder may be constituted
by any expression of the stockholder so appointing a proxy
to vote for him.

Sec. 6. Be it further enacted , That said corporation shall
have full power to make insurance upon ships and other
sea vessels, and upon steamboats and all other river boats
and crafts of any kind, and all goods, wares, and merchan¬
dize, slaves, bullion, money, and other property, against a!I Power of iMQr .
maritime or river risks, and upon houses, stores and other ance '
buildings, goods, wares and merchandise of every desreip-
tion, against fire, and to fix the premium thereon, to receive
from any free person or persons, deposits on trust, and to
accept all such trusts as may be confided to it, to borrow
money and to issue its bonds therefor ; to invest its money
or other property in anything and in any other way which
it would be lawful for a citizen of this State to invest money, Sellnnd tiftnsfer .
and the said property or securities to sell and transfer at
pleasue, or it may loan its money or other property to any
person, on any security which it may think proper: Pro¬
vided, that nothing in this act shall be so construed, as to
authorize said corporation to make any notes to circulate
as bank notes or .to apply any portion of their money or
other property to any banking purposes other than the
purchase and discount of bills of exchange and promissory Discount,
notes* and the lending of money, and provided also, that
the laws against usury apply to this corporation ‘and pro*
vided also, that said corporation shall not deal in or use the
bills of foreign banks.

Sec. 0. Be it further enacted, That the President and
Directors shall have power to fix the place* and modes of
transfer of certificates of stock, os well as the payment , of
interest aud dividends; that a majority of the Board of Qu6rum *
President and Directors shall constitute a quorum, and that
said President and Mre&tors shall also have power to pass
aifeudh fey-taivs, as this act into

Amount of stock.

Privileges herein
granted.

Legal effect.

effect, and to execute and authorize the extension of all
such bargains and contracts as may seem to them best for
the interest of the corporation
Sec. 7. Be it farther enacted, That said corporation shall
be responsible to its creditors to the extent of its property
and the stockholders to the amount of their respective stock
not paid up : And provided, also, that the stockholders in
saitl corporation shall be liable to the creditors thereof for
full amount of their respective shares of stock.

Sec. 8. Be it further enacted, That this charter and all
the privileges and powers herein granted, shall continue in
force for the full term of fifteen year s from the subscription
of the stock, and that the property, funds and business
transactions of the corporation shall be subject to the same
rates oi taxation by law imposed on the property and simi¬
lar business transaction of individuals.

Sec. 9. Be it further enacted , That all bills, bonds, and
promissory notes, made payable at the office of the Opelika
Insurance Company, shall have the same legal effect, and
be subject to the same legal remedies, as if the same were
made payable in or at a bank or banks of this State.
Appboved, February 25, I860.

No. 158.] AN ACT

To Incorporate the Alabama Insurance and Exchange Com¬
pany at Tuskegee.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,

That Augustus B. Farmer, Baldwin B.-- W. 0. Melver,

and Robert L. Mayes, and such others as may hereafter
become associated with them for that purpose, and their
successors, are hereby declared and created a body politic
and corporate by the name of the Alabama Insurance and
Exchange Company, and by that name shall be entitled to
all the privileges, invested with all the powers and subject
to all the restrictions which are conferred and imposed upon
the Tuskegee Insurance Company, by an act of the General
Assembly of the State of Alabama, approved January 19,
1850, said company to have its place of business at Tuskegee
in Macon county, Alabama, and to be entitled to all the
privileges and subject to all the penalties and restrictions
pravi md by

Insurance company .* Provided, that nothing h* 4hre act con¬
tained shall authorize said Company to borrow money from
any bank or banks not chartered by the State of Alabama*
Upon penalty of a forfeiture of this charter.

Sec. 2. he it further ena/ ted, That nothing contained m
th is act shall be construed as conferring on said company
banking powers or privileges.

Approved, February 25, 1860.

No. 159.] AN ACT

To Incorporate the Talladega Exchange.

Sec. 1. Be it enacted by Ike Senate arid House of Represent¬
atives of the Stat&of AlahamoAn General Assembly, convened.

That James Isbed, John Donahoo, Walter R ynolds ana
J. L. Elton, their present and future associates, are hereby
declared and constituted a body corporate, by the name of
“The Talladega Exchange,” for thep urpose of owning and
being the proprietors of a public Hotel in the town of
Talladega.

Sec. 2. Be it further enacted , That the capital of said cor¬
poration shall be twenty-live thousand dollars or less than o*pit»utock.
that amount if the managers thereof shall so decide, to be
divided into shares of two hundred and fifty dollars each.

Sec. 8. Be it further enacted , That said company shall
be capable of purchasing and holding all such real and per¬
sonal property as may be necessary to carry out the objects
of said company into full force and effect.

Sec. 4. Be it further enacted , That said corporation shall *
have the power of contracting and being contracted with, Poflref8 ‘
and suing and being sued in and by their corporate name
in any and all the courts of law and equity, and shall have
a common seal which they may alter at pleasure.

Sec. 5. Be it further enacted\ That the property and
business of said corporation shall be managed by fourditec Directors an*
tors, a majority of whom shall constitute a quorum for the p,osldent ‘
transaction of business, and from among themselves they
shall elect a President, Treasurer and such other officers as
they may determiner to have lor the management of the
business of said epporktion. 1

Sec. 6. Be it further enacted, Thai the persons herein
before named, shall be the first Directors of said corporation succors,
land shall contmueinoffibe until thel^Su^cessors are elected.

Sec. 7. Be it further tmcted, That there shall be an elec¬
tion annually of four Directors on the first Monday in
January, by the stockholders of said corporation, which
Election. election shall be managed by the Directors then in oflce,
and in all such elections the stockholders shall be allowed
one vote for each share owned in said corporation.

Sec. 8. Be it further enacted , That the stock of said com-
Transferrabie. P an .Y shall be assignable and transferable in such manner
as the President and Directors may prescribe : Prov\ded )
that no stockholder indebted to said corporation shall assign
his stock or receive any dividends thereon until such debt
has been paid or arranged to the satisfaction of the Directors.

Sec. 9. Be it further enacted , That all subscriptions for
stock heretofore made, shall be good and valid, and may be
collected by suit or ortherwise by this corporation in its
corporate name, whether so made payable or not, and the
President and Directors shall have the power to call in the
stock at such times and in such amounts as they may deter¬
mine.

Sec. 10. Be it further enacted That the President and
Directors shall have the power to adopt such by-laws for
the government'of said corporation*, not inconsistent with
the laws of the State, as they may deem proper.

Approved, February 24, I860.

No. 160.] AN ACT

To incorporate the LaFayette In sure nee Company.

Sec. 1. Be it enacted by the Senate and House of Represent *
atives of the State of Alabama in General AscerMy convened.
That William B. S. Gilmer, James E. Reese, John A. Fra¬
zer, E S. McCurdey, John C. Towles, Robert Mitchell,
Samuel Jeter, George Alien and James F. Dowdell and
»nd style, such others as may hereafter become associated with them
for that purpose, and their successors, are hereby declared
and created a body politic and corporate, by the name of
the LaFayette Insurance Company, and by that name shall
be capable in law of suing and being sued in any of the
Courts of law and equity in this State,* as a natural person;
they shall have power to purchase, hold, and enjoy real
and personal estate of any description whatsoever and may
dispose of the game at pleasure, and shall have power gen¬
erally to do and perform any and e very act necessary to be

done to carry into effect the object* of this charter, not in¬
consistent with the constitution and the laws of the State
and of the United States, they to have and use a common
seal and alter the same at pleasure.

Sec. 2. Be it further enacted\ That the capital of said com*

■f any shall be one hundred thousand dollars, and shall be
divided into shares of one hundred dollars each, the same
to be paid in the manner following: Five dollars oil each Ca ^ tal
share at the time of subscribing, and the balance in such
sums and at such times as the President and Directors may
determine upon and require, which capital stock may here¬
after be increased to any sum not to exeeed one hundred
and fifty thousand dollars, the same to be determined by a
resolution of the President and Directors; the said stock
shall be deemed personal property, and if any stockholder
shall fail and refuse to make the payment as required of
him by the President and Directors, such stockholder shall
be liable for his or her unpaid stock, and may be sued for
the same in the courts of Chambers county, whether such Liaw«.
defaulting stockholder resides in said county or not, and
the Said stock may, by resolution of the President and Di*
rectors, belonging to such delinquent stockholder be sold,
in which event the portion previously paid in by such de¬
faulting stockholder shall be forfeited to the company.

Sec. 3. Be it further enacted , That the books of subscrip¬
tion shall be opened at any time previous to the first day
of January, Ibdl, at such place in the town of LaFeyette ^liuon. 8Ub
as a majority of the persons named in the first section of
this charter may determine, and shall be kept open until at
least the sum of twenty-five thousand dollars shall be sub¬
scribed, and the said persons, or a majority of them, shall,
so soon as the said sum of twenty-five thousand dollars is
subscribed, call a meeting of the stock holders, who shall pro¬
ceed to the election of five directors, and the said board of
Directors shall proceed to elect one of their own body Pres¬
ident, and the said President and Directors shall full power
and authority to appoint and remove at pleasure all officers
and agents of said corporation, to fix their compensation, coropon«atfc>*.
prescribe their duties and provide for taking bonds of officers
for the protection and security of said corporation ; they
shall have power to fill all vacancies Which may occur in
their own body of an unexpired*term, shall appoint a Pres
ideatpro tern ., when the Presidentis absent, and when such
appointment may become necessary.

Sec. 4. Be it further enacted, That the Directors shall be
elected by the stockholders, and the President by the l>i- ElecHon *

Vote.

1‘otter.

Loan ro«m«jr.

Proviso.

Transfer of c«r»
ttfloates of stock.

rectors from fteaong tfc^ir j owa a timber^ sad when elated
shall hold bis office for the term of one year frotn the date
of such election, ^ad until their successors are elected, and
it shall be the duty of the President arid Directors to call
an annual meeting of the stockholders to make such elec¬
tions, and,in all meetings of the stockholders those having
a majority of the stock shall constitute a quorum, and each
stockholder shall be allowed one vote for each share of
stock he holds, and the stock .may be represented either by
the stockholder himself, or by proxy, the power to vote for
an absent stockholder may be conferred by any written
expression of such desire, provided no one shall act as
proxy who is not himself a stockholder.

Sec. o. Be it farther enacted , That the said corporation
shall have power to make insurances upon all ships, and all
other sea vessels, upon steamboats and all other river boats,
and upon all goods, wares and merchandise, slaves, bullion,
money aud other property, against all marine or river risks,
aud upon houses, stores and other buildings, goods, wares
and merchandise of every description against fire, ami to
fix a premium thereon ; and may make insurance upon the
lives of persons, fixing a rate of insurance thereon, to
receive from any free person or persons, or from any cor¬
poration, deposits upon trust, and to except all such-Uigon-
eies within the scope of its business as may be confided to
it. It shall have power to borrow money and issue its
bonds therefor, to invest its money and property in any¬
thing and in any manner, which would be lawful fora oiti
zen to invest money or property in, and the said property
and sureties to sell and transfer at pleasure. It may loan
its money or property to any persons or corporation on any
securities which it may think proper; the said corporation
shall have power to purchase, discount and sell bills of
exchange and promissory notes, to receive deposits, and for
collection of promissory notes and bills of exchange, and
may charge for. such collection such per cent, as is usaa* jn
similar chartered insurance offices or private banking
bouses: Provided *, That the said corporation shall not
make or issue any bills, bonds, notes or other sureties, to cir¬
culate in the community as money, or pay out or circulate
the notes of foreign bahks* Provided , That said corpora
t\m shall y be subject to the laws of this Stateagainst usury.

Sbq. '6. Be it farther enacted, That the President and Di¬
rectors shaft have power to fix.th® mode of the transfer of
the of stock, ssa well aa the and places

of the pay naffit <$f invest and afid a majority

Ml 185S-m

t—w n i i) « | i i

of fee Board of Direetopp^ ^ali oonatitato a quorum. TImb
said corporation shall hare poufer to pass all such by* laws,
rules arid regulations as may be necessary and proper to
carry into effect the provisions of the charter, ana to carry
on the business of said corporation.* Provided , the same are
consistent with the provisions of this charter, and with the
laws and constitution of this State and the United States;
and the said corporation shall have power to make all such
contracts and bargains by the President and Directors, or
by such agents as they may appoint as may seem to them
most for tHe interest of said corporation.

Sec. 7. Be it farther enacted , That the President and
Directors may by resolution, or by law, create all officers
and agents of said corporation not herein specially provided
for, and may prescribe their duties; they shall have power offlcerfl -
to prescribe an oath, which each officer shall take and sub*
ser be before he enters on the duties of his office, and they
shall prescribe and fix the amount aud condition of each
bond to be given by the officers.

Sec. 8. # Be it further enacted , That the said corporation
shall be liable to its creditors to the full extent of its prop- Liable .
erty and assets, and the several stockholders shall be liable
to the creditors of the corporation to the extent of tbeir
stock subscribed for and not paid in.

Sec. 9 Be it further enacted , That this charter and all of Powersandptlf .
the powers and privileges herein contained and granted neges.
shall remain in full force for the period of fifteen years
from the date of its approval.

Sec. 10. Be it further enacted , That all bills, bonds, notes,
or other sureties, made payable in or at the office of said wue,bond*,
corporation, shall be subject to the same rules of law, and B0 *' kc '
the same legal remedies, as if payable in or at one of the
chartered banks of this State.

Approved, February 24, 1&60.

No. 101.] AN ACT

To review and amend the charter of fee Merchants Insu¬
rance Company of the city of Mobile.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of die State of Alabama in General Assembly convened )
That the charter of the Merchants Insurance Company of Name

i859-’60. 162

the city of Mobile, approved second day of January, 1833,
together with all the amendments be, and the same is here¬
by renewed for and during the term of thirty years, to-
wit: From the 2nd day of January, 1863, until lhe 2nd
day of January, 1893.

SEC. 2. Be it further enacted\ That the Board of Direc¬
tors of said company shall have the power at any time here¬
after, by a vote of a majority of said board and with the
assent of a majority in amount of the stockholders, to give
the holders of the policies of the company the right to par¬
ticipate in its net profits to such extent, in such manner,
and upon such terms, as shall be prescribed in and by such
vote and assent, but all holders of policies who shall claim
and receive a return of ten per centum on their premiums,
shall forfeit to the other insured and the stockholders all
their rights in the profits of the company, the provisions of
this section to take effect immediately on its approval by
his Excellency the Governor.

Approved, February 21, 1660.

No. 162.] AN ACT

To amend the Charter of the Mobile Marine Dock and
Mutual Insurance Company.

Kame and style.

Ru hts and privi¬
leges.

Sec. 1 . Be it enacted by the Senate and House of Represent -
olives of the State of A labama in General Assembly , con vened ,
That the Mobile Marine Dock and Mutual Insurance Com¬
pany be, and it is hereby authorized and empowered to
sell and dispose on such prices, security and time of pay¬
ment as the said company by its Board ot Directors sees
fit, of its marine or floating dock, and of the land and real
estate held by said company for the use of, and lying con¬
tiguous to said marine dock, and of all its wharves, mills,
machinery, lumber and materials, and all its property of
every name and kind used or employed about said marine
dock, and in the business of building, repairing and equip¬
ping ships, steamboats and other water craft.

Sec. 2. Be it further enacted, That upon such sale of said
property being so made, the purchasers thereof be, and be
taken to be a body politic and corporate, by the name and
style of the Mobile Marine Dock Company, and shall be
organized as such company* and shall have all the rights
and privileges os are enumerated and declared in the act

entitled “An Act to incorporate the Marine Dock and
Kail way Company of Mobile," approved the eleventh day
of February, A. 33. 1848, and said company may proceed
and organize in the same manner as if the company were
new and for the first time chartered.

Sec. 8. Beit further enacted, That the said Mobile Ma-
rine Dock Company may, at any time it sees fit, increase its
capital stock to the surn of one hundred and fifty thousand Cap?t;l1 stock *
dollars, to be divided into shares tob° held and disposed of as
provided by the terms of the said original act of incorpora¬
tion, and that this corporation herein authorized shall
continue to exist as such corporation for the space of
twenty-five years from its organization under this act,
unless sooner determined by surrender of its charter, or
some judicial decree forfeiting the same for legal cause duly
established.

Sec. 4. Be it further enacted , That said Mobile Marine
Dock Company shall have and be entitled to a lien upon
all vessels of every name and nature for all the fees and Lie y^ upol! v£,>
dues for the use or employment by them of said marine** c '
dock, in the same manner and to the same extent as is or
may be by law allowed for the materials and labor furnished
for repairs and equipments of said vessels and water craft,
which said lien shall be enforced, and the debt or dues
collected in the same manner in all respects as debts, de¬
mand and claims for labor, materials and equipments.

SEC. 5. Be it further enacted , That in case the said Marine
Dock and Insurance Company do not within ninety days
from the passage of this act, effect a sale of the property
pertaining to its said dock and the business of building
and repairing vessels as hereinbefore authorized, then itaiTkiTproiiny!'
shall be competent for said company to appoint three per¬
sons who are not members of the Board of Directors, and
who aie stockholders in said company to act as commis¬
sioners to divide the property of said company, as herein
declared. Said commissioners shall, before proceeding to
act, make an oath in writing that they will honestly, fairly
and impartially divide the property among the stockholders
so as nearly as possible to give to each stockholder of the
company his proportional interest in the two companies
herein and hereby created.

Sec. 6 . Be it further enacted , That said commissioners shall Register in chan-
file with the register of the court of chancery at Mobile, cery *
their oath required ifi the preceding section of this act.

They shad then proceed to ascertain the cash value of each
* item of property held by said Company, and of its assets

1859—’60.

164

Share holders.

File with Sec’rjr
oi' company.

Meeting of stock
holders.

Provisions of act
of 1S4S.

Increase capital
stock.

Objections within
time named.

and bills receivable. They shall then ascertain the propor¬
tionate value of the whole of the property, real anti per¬
gonal, connected with the dock and repairing business of
the company, and then set apart to each shareholder of the
present company a Similar proportion of his stock, which
said stock shall thereafter be taken and held as so much
stock in the Mobile Marine Dock Company, the remainder
of said stock held by the several shareholders of the present
company, shall there d'ter be held and taken by such share¬
holders as so much stock in the Alabama Mutual Insurance
Company of Mobile, by which name and style the present
Mobile Marine Dock and Mutual Insurance Company shall
be known and designated.

Sec. 7. Be it further enacted , That within thirty days
after their said appointment sa>d commissioners must file
with the Secretary of the present company, a full statement
of their action in the premises, which shall remain subject
to the inspection of all parties interested for the space of
twenty days. If no objection is filed to the apportionment
so reported within said time, then the same shall be held
binding and as ratified by all concerned, and within fifteen
days thereafter the Directors of the present company shall
cal! a meeting of the stockholders of the two companies,
but at different times, who shall proceed to the election of
officers and to organize the respective companies as if then
for the first time organized under their respective charters,
and from that time the said companies shall be separate
and distinct, and shall carry on their respective business,
to wit: The Mobile Marine Dock Company, under the pro¬
visions of t e act of 11th February, 1848, hereinbefore
named, and of this act, and the Alabama Mutual Insurance
Company of Mobile, under the charter now existing, ap¬
proved the dOth day of December, A. D. 4851, save as the
same may be modified hereby.

Sec. 8. Be it further enacted , That the said Alabama Mu¬
tual Insurance Company of Mobile be, and the same is
hereby authorized at any time it sees fit to increase its
capital stock to a sum not exceeding two hundred thousand
dollars, and for that purpose to open books of subscription
under the direction of a committee of three stockholders,
on such terms of payment as the Directors may appoint,
and the said company is hereby authorized to engage in the
business of insurance as heretofore authorized.

Sec. 9. Be it fur titer enacted , That if objections to divis¬
ions of stock, as herein authorized by the commissioners,
l>e named within the time hereinbefore named, then the same

shall be considered and passed upon by a committee of
three stockholders, who shall be appointed by the Directors
of the present company for that purpose, Nsrhich committee
shall be sworn as provided in ihe case of the commission¬
ers, fairly, honestly and impartially to hear the parties and
decide upon the objections presented ; and for the purpose
of determining upon such objections, a space of ten days
shall be allowed to the parties objecting and the committee,
before any meeting of stockholders be called to organize
the companies as herein provided. The decision of this
committee of review shall be final upon all the matters of
objection that were or might have been made to the report
of said commissioners, appointed to divide the said .stock
and property of the company.

' Sec. iO. Ik it farther enacted , That the business of the
company as now organized, and all liabilities and contracts
existing at the time of the passage of this act, shall be
adjusted as if this act had never passed, and no right of Remedi€8
any party to any of said interest shall be at all affected
hereby, nor shall the remedies or modes of proceeding to
enforce their rights beat all affected hereby; but in case
of sale of said property herein authorized to be sold, said
property shall not be liable in the bands of the purchasers
in good faith to the claims of any party, but the proceeds
of said sale shall stand in the place of said property so sold.

Sec. 11. Be it further enacted. That in ease a division of
the stock be made as herein authorized among the st ek*
holders of the company as now organized, such division
shall, as far as practicable, be made so that the value of the
shares shall be preserved, but in case a fair division cannot
be made without making fractional divisions of a share or
shores of stock, the certificates shall issue to the holders
of the fractional shares for the amount of stock properly Certificate*
belonging to them, though the same be of less value than 0 er8 ‘
a full share, and said companies arc hereby authorized to
consolidate such fractional shares into full shares of stock
as rapidly as the same can conveniently be done.

Approved, February 16,1860.

AN ACT

To Incorporate

nsurance Company in Pike
mty.

Body corporate.

Capital stock.

Book of subscrip
tion.

Ssc. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
That Alfred N. Worthy, Benjamin Gardner and J. B.
Fannin, and such others as mav hereafter become associated
with them for that purpose, and-their suecessorsare hereby
declared and created a body politic and corporate, by the
name of the Troy Insurance Company, and by that name
shall be capable in law of suing and being sued, as a
natural person in any of the courts of law and equity in
this State, and shall have power to purchase, hold and
enjoy real and personal estate of any description whatso¬
ever, and dispose of the same at pleasure, and shall be em¬
powered generally to do and perforrh any and every act
necessary to be done and performed to carry into effect the
objects of this charter, which shall not be inconsistent with
the constitution and laws of this State and of the United
States; they may have and use a common seal and change
the same at pleasure.

Sec. 2. Be it further enacted, That the capital stock of $aid
corporation shall be filly thousand dollars, and shall be
divided into shares of one hundred dollars each, the same
to be paid in manner following, to wit: Ten dollars on
each share at the time of subscribing, and the balance in
such sums and at such times as the President and Directors
shall determine and require, which capital stock may here¬
after be increased to any sum not to exceed one hundred
and fifty thousand dollars, the same to lie determined by a
resolution of the President and Directors, all which said
capital stock shall be deemed and held personal property,
and if any stockholder shall fail or refuse to make the pay¬
ments as required of him by the President and Directors
as aforesaid, such stockholder suali be liable for his,or her
unpaid stock, anc) may be sued for the same in the courts
of Pikecoun y, whether such defaulter reside in said county
or nob an d the said stock belonging to such delinquent
stockholder, by resolution of the President and Directors,
may be sold, and in such event the amount previously paid
in shall be forfeited to the co poration.

£ec. 3. Be ’it further enacted , That the books of subscrip¬
tion shall be opened at. any time prior to the first day of
July next, at such place in the town of Troy as a majority

of the persons named in the first Section of the charter may
determine, and'shall be kept open until the Bum of fitly
thousand dollars shall have been subscribed, and the said
persons, or a majority of them shall, as soon as the said
sum of fifty thousand dollars is subscribed, call a meeting
of the stockholders, who shall proceed to the election of not
less than three nor more than seven Directors, as may be
determined upon by them; and the said Board of Direc¬
tors shall proceed to elect one of their own body President.

The said President and Directors shall have full power and
authority to appoint and remove at pleasure all officers and Pl . esideni
agents of said corporation, to fix their compensation, pre-motors,
scribe their duties and provide for taking of bonds of offi¬
cers tor the protection and security of said corporation.

'They shall have the power to (ill all vacancies which may
obcur in thdr own body of an unexpired term, shall
appoint a President pro km. when the President is absent
and such appointments become necessary, and should the
President be absent from the meeting of the Board for two
months without leave, at any time, the Board of Director^
shall have power to declare his office vacant, and may
make a new election under such rules as they may see fit
to adopt.

Sec. 4. Be it farther enacted. That the Directors shall
be elected by the stockholders, and the President by the
Directors from among their own number, and when elected
shall hold their offices for one year from the date of their Blections -
election, and until their successors shall be elected, and it
shall be the duty of the President and Directors to call an
annual meeting of the stockholders to make such election,
and in all meetings of the stockholders, those holding a
majority of the stock shall constitute a quorum, and each
stockholder shall be allowed one vote for eacn share of the
stock lie holds, and the stock may be represented, either r
by the stockholder himself or by proxy, and the power to
vote for an absent stockholder may be conferred by any
written expression of such desire: Provided , That no one
shall act as proxy, who is not himself a stockholder.

Sko. o. Beit farther enacted , That the said corporation
shall have power to make insurance upon ships and all
other sea vessels, upon steamboats and all other river boats,
on all goods, wares and merchandise, slaves, bullion, money premium,
and oilier property, against all marine and river risks, and
upon houses, stores and other buildings, goods, wares and
merchandise of every description* against fire and to fix a
premium .thereon, and may make insurance on the dives'of

1859-60.

168

Power.

Deposits.

Certificates of
stock.

Officers and

agents.

persons fixing a rate of insurance thereon, 'to receive from
any free person or persons or from any corporation, de¬
posits on trust and to accept all such trusts or agencies
within the scope of its business, as may be confided to it.
It shall have power to borrow money and issue its bonds
therefor, it may loan its money or property to. any person
or persons, or corporation on any security which it may
think proper. The said corporation shall have power to
purchase, discount and sol' bills of exchange and promis¬
sory notes, to receive on deposit and for collection promis¬
sory notes and bills of exchange, and may charge for sm h
collections such per cent, as is usual in similar chartered
insurance offices or private banking houses: Provided , That
the said corporation shall not make or issue any bills, bonds,
notes, or other securities to circulate as morn^y; Arid pro^
vided. further , That said corporation shall be subject to
the laws of this State against usurp, and shall have no
power either to receive or pay out notes of foreign banks
under the penalty of a forfeiture of its charter.

■* Sec. 6. Be it further enacted , That the President and
Directors of said corporation shall have power to fix the
mode of the transfer of the certificates of stock, as well as
the time, mode and places of the payment of interest and
dividend; and'a majority of the Board of Directors shall
constitute a quorum. The said corporation shall also have
power to pass all such by-laws, rules and regulations as
may he necessary and proper to carry into effect the pro¬
visions of this charter, and to carry on the business of said
corporations : Provided. , the same be consistent with the
provisions of this charter, and with the constitution and
laws of this State and the United States; and said corpo¬
ration shall have power to make all such contracts and
bargains by the President and Directors or by such agent
as they rnay appoint, as may seem to them most for the
interest of said corporation.

Sec. 7. Be it further enacted , That the President and
Directors may by by-law or resolution, create all officers
and agents of said corporation not herein specifically pro¬
vided for, and may prescribe their duties; they shall have
power to prescribe an oath, which each officer shall take,
and subscribe before he enters upon the duties of bis office,
and they shall fix and prescribe the amount and condition
of each bond to be given by the officers.

Sec. 8 . Be it further .enacted, That the said corporation
shall bo liable to its creditors to the full extent of its pro¬
perty and assets, and the several stockholder^ shall be

Liability.

169

liable to the creditors of the corporation to the extent of
their stock subscribed and not paid in, and when the assets
and stock aforesaid* shall have been first exhausted, the
stockholders shall be liable to the creditors of the corpora¬
tion, jointly and severally to the full extent of their indi¬
vidual private property; Provided, said stockholders shall
be entitled to all the rights and remedies as between them*
selves, which are now provided by law for co-sureties.

Sec. 9. Beit further exacted , That this charter-and,all Inf
the powers and privileges herein contained and granted,
shall remain in full force and effect for the term of "fifteen
years from the date of its approval.

Sec. 10. Ik it further enacted, That all bills, bonds, notes, BHh bonds
or other securities made payable in or at the office of said
corporation., shall be subject to the same rules of law and
to the same legal remedies, as if payable in or atone of the
chartered banks of this State.

Approved, February 24, 1860.

No. 164.] AN ACT

To Incorporate the Greenville Insurance Company, in the

Coun ty of Butler.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ',
That John K. Henry, A T. Posey, Benjamin Lloyd, D.
G. Dunklin, S. J. Bolling, J. M. Parmer and J. C. Caldwell,
and such others as may hereafter become associated with
tlu-rn for that purpose, and their successors, are hereby
declared and created a body politic and corporate, by the
name of the Greenville Insurance Company, and by that
name shall be capable in law of suing and being sued in
any of the courts ol law and equity in this State as a natural
person ; they shall have power to purchase, hold and enjoy
real and personal estate of any description whatever, and
.may dispose of the same at pleasure, and shall have potfer
generally, to do and perform any and every act necessary
to be done, to carry into effect the objects of this charter,
not inconsistent with the Constitution and laws of this State,

Body corporate.

* and of the United,States; they may have, and use a ,common
seal, and may alter tfie same, > ,

Sec. 2 Be it further enacted , That the capital of said cor- Capital stock,
po ratio a shall be fifty thousand dollars, ahd shall be4ivided

170

Books of sub*
script ion.

Bond of officers

President and
directors.

into shares of one hundred dollars each, the same to be paid
as follows: ten dollars on each share at the time of subscri¬
bing, and the balance in such sums, and at such times as
may be required by the Directors; which capital stock may
hereafter be increased to any sum not to exceed one hun¬
dred and fifty thousand dollars, to be determined by a
resolution of said company, the said stock shall be deemed
personal property, and if any stockholder shall fail and
refuse to make the payments as required of him, he or she
shall be liable lor his or her unpaid stock, and may be sued
for the same in the courts of Butler county, whether such
defaulting stockholder resides in said county or not, and
the said stock may by resolution of the company be sold,
and the portion previously paid in, shall be forfeited to the
corporation.

Sec. 3. Be it further enacted , That the books of subscrip¬
tion shall be opened at any time prior co the first day of
July next, at such place in the town of Greenville, as a
majority of the persons named in the first section may
determine, and shall be kept open until $50,000 shall be
subscribed; when they shall call a meeting of the stock- .
holders, who shall proceed to the election of not less than
three, and not more than seven Directors as may be deter¬
mined, and said Directors shall proceed to elect one of their
number President, and said President and Directors shall
have full power and -authority to appoint and remove at
pleasure all officers and agents of said corporation; to fix
their compensation, prescribe their duties and provibe for
the taking of bonds of officers, lbr the protection and secu¬
rity of said corporation; they shall have the power to fill
all vacancies which may occur in their own body, of an
unexpired term ; shall appoint a President pro tern , when
the President is absent, and such appointment becomes
necessary, and should the President be from the meeting,
of the Board for two months, without cause, at any times
$hi Di recto is shall have power to declare his office vacant,
and may make a new election under such rules as they l. av
gee fit to adopt.

Sec. 4. Be it further enacted , That the Directors shall bo*
elected by the stockholders and the President by the Direc¬
tors from among their own number, and when elected shall
hold their office one year from the date of such election,
and until their successors are elected, and it shall be the
duty of the President and Directors t.o call an annual meet¬
ing of the stockholders to make such election, and in all
meetings of the stockholders, those holding a majority of

Ill

1859-60.

the stock shall constitute a quorum, and each stockholder
shall be allowed one vote for each share of stock be holds,
and he may be represented by proxyj and the power to vote
tor an absent stockholder may be conferred by any writing
expressing such desire: Provided, that no one shall act as
proxy, who is not himself a stockholder.

Sec. 5. Be it further enacted, That said corporation
shall have power to make insurance upon ships and all
other sea vessels, upon steamboats and all other river boats,
on all goods, wares and merchandise, slaves, bullion, money
and other property, against all marine and fire risks, and
upon houses, stores and other buildings, goods, wares and
merchandise of every description, against fire, and to fix a
premium thereon, and may make insurance upon the livesR at e*.
of persons, fixing a rate of insurance thereon, to receive
from any free person or persons, or from any corporation,
deposits on trust and to accept all such trusts or. a ren *ies f
within the scope of its business as may be confided to it; p 0WeKS .
it shall have power to borrow money and issue its bonds
therefor, to invest its money and property it) anything and
in any manner which would be lawful for a citizen to invest
money or property in, and the said property‘and securities
to sell and transfer at pleasure ; it may loan its money or
property to any person or persons or cor poration on any
security which it may think fit and proper. The said cor¬
poration shall have power to purchase, discount and sell neposiu.
bills of exchange and promissory notes, to receive on deposit
and for collection, promissory not* s and bills of exchange,
and may charge for such collections such per cent.-as is usual
in similar chartered insurance companies or banking houses:

Provided , that the said corporation shall not make or issue
an bills, bonds, notes, or other securities, to circulate in
the community as money, and that it .shall be subject to
the laws of this State against usury.

Sec. 6. Be it farther enacted , That the President and
Directors of the said corporation shall have power to hx
the mode of transfer of the certificates of .stock, as well as Mode of trade r
the time, mode and places of the payment of interest and
dividend, and h majority of the Directors shall eonstitue a
quorum. The said corporation shall have power to pass all
such by-laws,rules and regulations as may be necessary and
proper to carry into effect the provisions, of this charter
and to carry on its business: Provided, the same are con¬
sistent with the provisions of this charter and with the laws
and Constitution of this Stale and of the United States/
and said corporation *shal} have power to make all such

172

Officers ami
agents.

Liability.

Powers and priv¬
ileges.

Rules.

Body corporate.

contracts and bargains by the President and Directors or
by such agent as they may appoint, as may seem to them
most for the interest of said corporation.

Sec. 7. Be it further enacted , That the President and
Directors may by resolution or by-law, create all officers
and agents of said corporation not herein specially provided
for, and may prescribe their duties ; they shall have power
to prescribe an oath which each officer shall take and sub¬
scribe before he enters upon the duties of his office, and
shall fix and prescribe the amount and conditions of each
bond to be given by the officers, and also their salaries or
amounts to be paid to them.

Sec. 8. Be it further enacted , That the said corporation
shall be liable to its creditors to the full extent of its prop¬
erty and assets, qnd the several stockholders shall be liable
to the creditors of the corporation to the extent of their
stock subscribed and not paid in.

Sec. 9. Be it further enacted , That this charter and all
the powers and privileges, herein contained and granted
shall remain in lull force for the period of fifteen years
from the date of its approval.

Sec. 10. Be it further enacted. That all bills, bonds, notes
or other securities, made payable in or at the office of said
corporation, shall be subject to the same rules of law, *
and to the same legal .remedies, as if payable in or at
one of the chartered banks of this State.

Sec. 11. j Be it further enacted , That the said corporation
shall not pay out or lend any bill or note of any cor¬
poration or bank located out of the State of Alabama,
under penalty of forfeiture of its charter.

Approved," February 24, I860.

No. 165.] AN ACT

To incorporate the Jacksonville Insurance Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labama . in General Assembly con vened ,
That Daniel J. Ryan, Edward L. Woodward, Thomas it.
Williams, William F. Bush, Franklin Woodruff, George C.
Whatley, Thomas R. Rowland and John T. Heflin, and
such others as may hereafter become associated with them
for that purpose, and their successors, are hereby declared
and created a body politic and corporate, by the name of

173

1859-m

the Jacksonville Insurance Company, and by that name
shall be capable in law of suing and being sued in any of '
the courts of law and equity in ibis State as a natural per¬
son. They shall have power to purchase, hold and enjoy
real and personal estate, of any description whatever, and
may dispose of the same at pleasure, and shall have power
generally to do and perform any and every act necessary to
be done to carry into effect the objects of this charter, not
inconsistent with the constitution and laws of this State and
of the United States; they may have and use a common
seal and may alter the same.

Sec. 2. ik it farther civ vied, That the capital of said
company shall be fifty thousand dollars, and shall be
divided into shares of one hundred dollars each, the.
same to be paid in the manner following: Ten dollars on Capital stock,
each share at the time of subscribing, and the balance in
such sums and at such times as the President and Directors
may determine upon and require, which capital stock may
hereafter be increased to any sum not to exceed one hun¬
dred and fifty thousand dollars, the some to be determined
by a resolution of the President and Directors; the
said stock shall be deemed personal property, and if any
stockholder shall fad and refuse to make the payments, as
required of him by the President and Directors, such stock¬
holder shall be liable for his or her unpaid stock, and may
be sued for the same in the courts of Calhoun county,
whether such defaulting stockholder resides in said county
or not, and the said stock may, by resolution of the Presi¬
dent and Directors belonging to such delinquent stockhol¬
der, be sold, in which event the portion previously paid in
shall be forfeited to the corporation.

Sec. 8 . Be it ftulh.tr enacted, That the books of subscrip¬
tion shall be opened at any time prior to the first day of
November next,'at such place in the town of Jacksonville as
a majority of the persons nairu/1 in the first section of this
charter may determine, and shall be kept open until the
sum of fifty thousand dollars shall be subscribed, and Bof .’ k8 of 8Ub '
the said persons, or a majority of them, shall, as soon 8Ulp,,on '
as the sum of fifty thousand dollars is subscribed, call
a meeting of the stockholders, who shall proceed to the
elec’ion of not less than three and not more than seven Di¬
rectors, as may be determined upon by them, and the
said Board of Directors shall proceed to elect one of
their own body President, and the said President and
Directors shall have full power and authority to ap- Power and au-
point and remove at pleasure all officers and agents thorit7 ‘

174

Rules.

Term of office*

Risks.

Loan its money.

of said corporation, to fix their compensatioB, prescribe
their duties, and provide for taking of bonds of offi¬
cers tor the protection and security of said corporation.
They shall have the power to till all vacancies which may
occur in their own body of an unexpired term, shall
appoint a President pro tern ., when the President is absent
and such appointments become necessary, and should the
President be from the meeting of the Board for two months
without leave at any time, the Board of Directors shall
have power to declare his office vacant, and make a new
election under such rules as they may see fit to adopt.

Sec. 4. Be it further enacted , That the Directors shall be
elected by the stockholders, and the President by the Direc¬
tors from among their own number, and when elected shall
hold their office one year from the date of such election,
and until their successors are elected, and it shall be the
duty of the President and Directors to call an annual meet¬
ing of the stockholders to make such election, and in all
meetings of the stockholders those holding a majority of
the stock shall constitute a quorum, and each stockholder
shall be allowed one vote for each share of stock he holds,
and the stock may be represented either by the stockholder
himself or by proxy, and the power to vote for an absent
stockholder may be conferred bv any written expression of
such desire, provided that no one shall act as proxy wiio is
not himself a stockholder.

Sec. 5. lie it further enacted, That the said corporation
shall have power to make insurance upon ships and all
other sea vessels, upon steamboats and all other river boats,
upon all goods, wares and merchandise, slaves, bullion, money
and other property against all marine or river risks, and
upon houses, stores and other buildings, goods, wares and
merchandise of every description against lire, and to fix a
premium thereon, and may make insurance upon the lives
of persons, fixing a rate insurance thereon ; to receive
from any free person or persons, or from any corporation
deposits on trust, and to accept all such trusts or agencies
within the scope of its business as may be confided to it;
it shall have power to borrow money and issue its bonds
therefor, to invest its money and property in any way, thing
and in any manner, which would be lawful for a citizen to

invest money or property in, and the said property and seen
rities to sell and transfer at pleasure; it may loan its money
or property to any person or persons, or Corporation, on
any security which it may think proper. The corpor¬
ation shall nave power to purchase, discount, and sell bills

175

‘ 1859-60.

* *M ' mmm *+**mfm

of exchange and prorhis3ory notes, to receive on deposit
for collection promissory notes and bills of exchange*
and may charge for inch collections such per cent, as is
usual in similar chartered insurance offices, or private batik- ProvIgo
ing houses: Provide <8, That the said corporation shall not
make or issue any bills, bonds, notes or other securities to
circulate in the community as money: And provide 1 far¬
ther, That said corporation shall bo subject to the laws of
this State against usury.

Sec. 6. Be it further enacted, That the President and Di¬
rectors of said corporation shall have power to fix the
mode of the transfer of the certificates of stock, as Mode oftran#fer<
well as the time, mode and places of the payment
of interest and dividends, and a majorityof the Board
of Directors shall constitute a quorum. The said corpor¬
ation shall also have power to pass all such by-laws,
rules and regulations as may be necessary and proper to
carry into effect the provisions of this charter, and to carry
on the business of said corporation: Provided the (game
are consistent with the provisions of this pharter, and with
the laws and constitution of this State and the United States,
and the said corporation shall have power to make all. such
contracts and bargains by the President and Directors, or
by such agent as they may appoint as may seem to them
most for the interest of said corporation.

Sec. 7. Be it further enacted , That the President and
Directors may by resolution or by-law, create all officers By-laws,
and agents of said corporation.

Sec. 8. Be it further enacted , That the President and
Directors may by resolution or by law create all officers and
agents of said corporation not herein specially provided for, oncers,
and may prescribe their duties; they shall have power to
prescribe an oath which each officer shall take and subscribe
before he enters upon the duties of his office, and they shall
fix and prescribe the amount and conditiol of each bond
to be given by the officers.

Sec. 9. Be it further enacted , That the said corporation
shaft be liable to its creditors to the full amount of its prop¬
erty and assets, and the several stockholders shall be liable
to the creditors of the corporation to the extent of their
stoek subscribed and not paid in.

Sec. 10. Be it further enacted, That this charter, and all powers ami pH*-
the powers and privileges herein contained and granted, iieges *
shall remain in full force for the period of twenty-five years
from the date of its approval.

Sec. 11. Be it further enactedy That ail bills, bonds, notes,

1859-60.'

176

Rules.

or other securities made payable in or at the office of said
corporation, shall be subject to the same rules of law, and
to the same legal remedies as if payable in or at one of the
chartered banks of this State.

Approved, February 2d, i860.

No. 166.] AN ACT

Supplemental to an act to Incorporate the Jacksonville
Insurance Company, now pending in the General Assembly.

Sec. 1. Be it enacted by the Smote and House of Represen*
tatives of the State of Alabama in General Assembly % convened,
That the act to incorporate the Jacksonville Insurance
Company now pending before the General Assembly, be so
restricted and construed that said corporation shall not
borrow money to operate on from any foreign banking
corporation, and.any violation of this provision shall, be
good cause for the forfeiture of its charter.

Appkoved, February 23, i860.

No. 167.] AN ACT

To amend an act to Incorporate the State Mutual Insurance
Company, approved February 6th, 1858.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Alexander McKinstry, and such of his associates as
may act in organizing, and their assigns be, and are hereby
authorized to hold, exercise, enjoy and possess the franchise
and privileges of the act to incorporate the State Mutual
Insurance Company, approved February 6, 1858, for 'the
term of twenty years from the date of this act.

Approved, February 24, 1860.

ITT 185

No. 168.] AN ACT

To Incorporate the “ Eutaw Insurance Company,” in

Greene county.

S }•;(/’. 1. Ik it awe ted by the Senate and House of Represent*

•ttiers <>/ the State of Alabama in General Assembly convened ,

That Samuel M. (rowdy, William Perkins, Foster M. Kirk-

sev, (Charles P. Dexter, Lewis F. Pollard, William P. Webb

and Wiley Coleman, and their associates, be, and they are

hereby constituted a body corporate, under the name and ^ C(tTporAte

style of the “Eutaw Insurance Oornfiany,” the amount of the

capital stock thereof to be not less than one nor more than

three hundred thousand dollars, and to be divided into

shares of one hundred dollars each, and whose place of

business shall be in the town of Kutaw, in the county of

Greene,

Skc. 2 Be it farther enacted , That notice shall be given
by advertisement for two successive weeks, by publication Advertisement,
in one of the newspapers published in said town, o( the time
and place when and where subscriptions will be received
for stock in said company; said subscription shall be opened
under the inspection and control of Samite} M. Gowdy,

Charles P. Dexter and Wiley Coleman, or any two of them,
and the sum of ten dollars on each share of stock subscribed'
for shall be paid in cash at the time of subscription, and
the balance secured to be paid at such time ami in such
manner as the Board of Directors, after their election, may
determine, and when the sum of one hundred thousand
dollars is subscribed, the company may organize and com-
iiience business.

Skc. 3. Be it farther enacted , That a Board of Directors
to consist of five persons, owners of stock in said company
who shall hold their office for one year, and until their sue* of dur * c
c&ssnrs shall be elected and qualified, shall*be elected by
ballot by the stockholders voting in person or bv proxy,
after notice by advertisement for two successive weeks in
some newspaper published in the town of Eutaw, stating
the time and place of holding such election ; the first elec¬
tion to be held under the inspection ol Samuel M. Gowdy,

Lewis F. Pollard, Wiley Coleman and William P. Webb,
or any two of them, and all subsequent elections to be held » n a

un lor the inspection of three persons to be appointed "prior m ® €ttnfirs *
thereto by the Board of Directors; the stockholders at all
elections and at all meeting* for the transaction of business
shall have one vote foi each share of stock they may own.

Sec. 4. Be it farther enacted^ That in the event the capi¬
tal stock of said company is not all taken at the time ap¬
pointed for receiving subscriptions for stock as provided in
Subscriptions for the second section of this act, the Board of Directors may open
stock. books from time to time at their discretion for the ree.ipt

of further subscriptions to the capital stock upon such terms
as they prescribe.

Sec. 5. Be it further enacted. That the said corporation
shall have power and be authorized to make general insu¬
rance upon houses, stables, gin houses, cotton, corn and
other produce; upon lives and health both of white per-
pjsk*. sons and slaves; upon stock of every description; upon

vessels, boats, freights, money, goods, wares and merchan¬
dise and any other species of property against loss or dam¬
age iu any manner by fire, dangers of the sea, rivers or oth¬
erwise, at such rate of premium as they may agree, and to
transact all such matters as appertain to an insurance com¬

l*oau Its funds.

Power to sell
wtock.

Deposits.

Stock forfeited.

pany.

Sec. 6. Beit further enacted, That said company shall be
authorized t<; loan its money or funds from whatever source
derived, at interest, to invest the same in real or personal
securities by discounting, and deal with the same in the
purchase and sale of domestic and foreign exchange.

Sec. 7. Be it further enacted, That any stock in said
company owned by persons indebted to stud company
whether as principal or .security for others, or whether said
debt be due or not,-shall be held as security for such indebt¬
edness until the same is discharged, and in case of failure
to pay said indebtedness within thirty days after the matu¬
rity thereof, the Directors shall have power to sell said stock
or so much thereof as will satisfy smdi indebtedness at pub¬
lic sale, first advertising the same in any newspaper pub¬
lished in the town Eutaw for three successive weeks prior
to the day of sale and out of the proceeds to satisfy Bueh
indebtedness as*far forth as the sumo will extend.

Sec. S. Be it further enacted, That said company shall
be authorized to receive in tr »st, or on deposit, all funds or
moneys that may be offered them on interest or otherwise,
and give acknowledgements therefor in such manner and
form as they may deem convenient and necessary to trans¬
act such business. All,such moneys so deposited being
free from loss’ and indebtedness growing out of the insu¬
rance business of 3aid company. : \

Sec. 9*. Be it further enacted, That if within sixty days
after the election of a Board of Directors the subscribers
for stock shall'not pay or secure the payment of the balance

1T9

due upon the stock subscribed for by them in manner and
form, as required by llu; regulations to be adopted by the
Directors, the first payment and all stock subscribed for
shall be forfeited.

Sec, 10. Be it further enacted, That said Corporation
shall keep a book lor the transfer of shares of its capital
stock and the names of all owners of stock shall appear
therein, and all transfers shall be made under such rules oft ™ n *‘
and regulations as the Board of Directors may prescribe,
and the shares shall be deemed personal property, and all
stockholders shall be responsible to the amount of their
stock and no more.

SEC. 11. Be it further enacted, That the Directors of said
corporation shall have power to make such rules and by¬
laws lor said company as they may think proper, not incon¬
sistent with the constitution or laws of this State, or the Ruic§ wa by-
United States; and may elect a President and such other laws *

officers as may be necessary for the proper organization and
management of the business ot said company, and prescribe
their terms of office, and may require of all or any of such
officers, bond and security for the faithful discharge of his
or their duties, and make them such compensation as they
may prescribe.

Sec. 12. Beit further enacted. That said company may
have a common seal and change the same at pleasure ; may
sue or be sued in any of the courts of law or equity in this
State in its corporate name.

Sec. 13. Be it further enacted, That nothing in this act
contained shall be so construed as to authorize said corpor¬
ation to make any notes to circulate as bank notes, or to

Peal.

Notes to

late

issue any securities to be circulated in the community as
money, or in lieu ol money.

Sec. 14. Be it farther enacted, That all bills, bonds, or Rul<w
promissory notes made payable at the office ot said com¬
pany, shall be governed by the same rules of law applica¬
ble to bills, bonds or promissory notes payable in bank, and
said company are authorized to receive for collection all
bills, bonds or promissory notes made payable at their office
or elsewhere, and charge a reavSOnable commission for col¬
lecting the same: Provided, That it shall not be lawful for
said company to deal in any way in the bills of foreignProTtao.
banks, or of any bank not doing business under the author¬

ity of the State of Alabama, or use the same in the trans¬
action of its business or pay the same out; and any violas
tion of this provision shall be cause of forfeiture ot itsebarter.
Amiavsi), January 30, I860*.

ciccu-

l«59-’60.

Body corporate.

Subscriptions for
Slock.

Directors.

Advertisement.

Elections.

Open hooUs.

180

No. 16D.] AN ACT

To Incorporate the Livingston Insurance Company.

Skc. 1. Be it enacted by the Senate and House of Represent¬
atives <>f the Stole of Alabama in General Assembly convened ,
That liobert K. Houston, Joseph A. Smith, Henry II. liar*
ris, Matthew C. Houston, James Hair, E. T. Sturelevant
ami A. A. Coleman and their associates be, ami they are
herebv constitut'd a body corporate, under the name and
stylo of the Livingston Insurance Company, the amount of
the capital stock thereof to be not less than iiity nor more
than two hundred thousand dollars, to be divided^ into
shares of one hundred dollars each.

Sec. 2. Be it further enacted , That notice shall be given
lor two successive weeks, bv advertisement published in
two of the newspapers of Sumter county, of the time and
place when and where subscriptions will be received for
stock in said company ; said subscriptions shall be opened
under the inspection an i control ol Rob rt F. Houston,
Joseph A. Smith and James Hair, and the sum of ten dol¬
lars upon each share shall he paid in at the time of sub*
seription, and the remainder he secimd to be paid, and be
paid at such time and in such mania r as the Board of Di¬
rectors, after their election, shall determine; the books to
remain open for subscription lor five days, and no person
shall be allowed to subscribe more than one hundred shares
in any one day.

Sec. 3. Be it further enacted , That a Board of Directors
to consist of four persons, owners of stock to the amount
of two thousand dollars each, who shall bold their office for
one year, shall be elected by ballot by the stockholders
voting in person or by proxy, after notice by ndvernsement
for two successive wicks in two of the newspapers ol Sum¬
ter county, stating the tune and place of holding the elec¬
tion ; the first election to be held under the inspection of
Robert F. Houston, Joseph A. Smith and James. Hair; and
subsequent elections under the inspection of three persons
t<» be appointed prior thereto by the Boan of Directors*;
the stockholders at all elections and at all me- tings fur the
transaction of business to he entitled to one vote for each
and every share of the capital stock they may own.

Sec. 4. Be it further enacted. That provided stock is not
taken to the amount of two hundred thousand dollars,
within the five da vs appointed fof the receipt of subscrip¬
tions, the Board of Directors ipay from time to

time at their discretion, for the receipt of farther subscrip¬
tions to the capital stock upon such terms as th*y shall
prescribe.

SEC. 5. Be it further enacted , That the said corporation P(mer#i
shall have power and be authorized to make general insu
ranee upon houses, stables, gin houses, cottoc, corn and
other produce, upon lives and health, both of white per¬
sons and ol slaves, upon stock of* every description, upon RJ ki
vessels, freight, money, goods, wares and merchandise,
ami any other species ol property, against Joss in any
macner by lire, damages of the sea, rivers or otherwise, at
such rata 1 , of premium as they may agree, and to transact all
such matters as appertain to an insurance company.

SEC. 6. Be it further enacted, That the said < ompanv shall
be authorized to loan its moneys and funds from whatever
source derived at interest, to invest the same in real or per-i*a» H«**oney.
Bonal securities, by discounting, and deal with the same in
the purchase and sale of domestic and foreign exchange.

Seo. 7. Ik it further enacted, '1 hat any stock in Haiti com¬
pany owned by persons indebu d to said company, whetheritHiebtednes*.
as principal or as surety for others, orwheth$r said indebt¬
edness be due or has not yet matured, shall be held as secu¬
rity for such indebtedness, until said indebtedness is dis¬
charged, and in case of failure of payment of said indebt¬
edness within thirty days alter maturity of the same, the gtlls(0 ,. k .
Directors shall have power to sell said stock, or as much as
will satisfy said indebtedness, first advertising the* same for
ten days prior to the sale in any newspaper put dished in
Sumter county, and without further notice to the owner
thereof.

Sec. 8. Be it further enacted, That the said company
shall be authorized to icceive hi trust, or on deposit, all
funds or moneys that may be offered to them whether on deposit*,
interest or otherwise, and that they have power to give
acknowledgements lor deposits in such manner and form as
they may deem convenient and necessary to transact such
business, all such moneys so deposited being free from loss
or indebtedness growing out of the insurance business of
said company.

Sec. 9. Be it further enacted, That the said company h&
authorized at the discretion of the Board of Directors to
open offices or establish agencies at other places, than fa A?eW5lcf *
the town of Livingston, and to transact at ail such places all
such business as by the terms hereof .they might transact at
fcne principal office. f. . .

SiSC. 10. Be it. further enacted^ That if within sixty days

Forfeit.

Book of tiv.r.-'fer,

Shall not issue
notes.

Body corporate.

after the election of a Board of Directors the subscribers
for stock shall not pay or secure the payment of the bal¬
ance due upon the stock subscribed by them in manner and
form as required by the regulations to be adopted, the first
payment and the stock subscribed for shall be forfeited.

Sec. 11. Be it further enacted , That said company shall
keep a book lor the transler of shares of its capital stock,
and the names of all the owners of capital stock shall
appear therein, and all transfers shall be made und ir such
rules and regulations as the Board of Directors may pre¬
scribe, and the shares considered as personal property, and
be liable to attachment and sale under executions.

Sec. 12. Beit further enacted. That the stockholders shall
be responsible for the amount of their stock and no more.

Sec 13. Be it further enacted , That the said company
shall not issue any notes, bills or securities of any kind, to
circulate as money m the community : Provided , That no
bank notes, or bill issued or made, by any bank created or
established by the authority of any of our sister States, or
of any foreign country, shall be paid out under any circum¬
stances by th$ company created by this act, or by any of
its officers or agents, under the penalty of forfeiture of the
charter by this act created: And, provided, further , That
this clause shall expire at the end ot fifteen years from the
passage of this act.

Approved, February 24, I860.

No. 170.] • AN ACT

To Charter the Planters and Merchants Insurance Com¬
pany, of Selma.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives oj the State of Alabama in General Assembly convened.
That Anselen L. Haden, Thomas W. Street, James B.
OaveU, Joseph llardie, Isaiah Morgan and Henry Bender,
and such others as maybe associated with them for that pur¬
pose, and their successors are hereby created a body politic
and corporate, by the name of the Planters and Merchants
Insurance Company, at Selma, and by that name shall be
capable, of suing and being sued in ail courts of* this State,
of purchasing! holding and conveying property of all de¬
scriptions, to make, have and use a common seal, and the
same to alter and renew afe pleasure, and generally to do

*88 1859-m

►any act necessary to carry. i u to effect the objects- of the
corporation, riot inconsistent with the constitution of this
State or of the United States.

Sec. 2. And be it further enacted, That the capital stock CapifetJ <totk#
of this corporation shall be one hundred thousand dollars,
to be divi ied into shares of one hundred dollars each, and
the same to be paid in manner following: Ten dollars on
each share at the time of subscription, and the residue
■when the President and Board of Directors of the company
may direct, which capital stock may hereafter be increased
to any amount not exceeding three hundred thousand dol¬
lars in such increase as the President arid Directors may
determine, the said stock shall be deemed and held as
personal property, and if any stockholder shall neglect or
roluse to make the payments as required, his stock may be p !d t and
sold by order of the President and Directors, at public director*,
sale in the city of Selma upon ten days’ notice in a newspa¬
per published in said city, and such stockholder shall be
liable for tlie balance due by him as stockholder to the
corporation, as it becomes due, and may be sued in the
Circuit Court of Dallas for the same.

Sec. 8. And b*. it further enacted, That the hooks of sub¬
scription shall be opened at any time prior to the first day
of July next, at such place in the .city of Selma as a !Sptiu° f 8Ub
majority of the persons named in the first section of this
act may direct, advertisements of the time and place of
opening such books to he made for one week in a newspa¬
per published in the city of Selma, which books shall Be
kept open until the said sum of one hundred thousand
dollars shall be subscribed for, and the said persons or
a majority of these shall, as soon as may be after the books
for subscription are closed, call a meeting of the stock¬
holder^ who shall proceed to the election of not less than
five nor more than nine Directors, as may be determined
by them, and the said Directors shall elect one of their own
number President - and Die said President and Directors

1 1 • r „ , . ini C 11 . Proimfeut And

elected in pursuance of this act, shall have lull power ana doctor*,
authority to appoint and remove at pleasure all officers and
agents of said corporation, to fix their compensation, pre¬
scribe their duties, provide ior the taking bonds from them
for the security of the corporation, and the faithful pet^
fbrraatice of their duties, and they shall also have the power
to fill any vacancy which may occur in their own body,
and also to appoint a President pro tempore, when the
President may be absent from: their i meeting, und if the
•President or any Director sh&JJ be -.absent without leave-for

Vacant.

five successive regular meetings, the a majority^

of the same may declare bts place vacated, arid prov ed to
fill it without notice to said absent-Preside&taud: Directors.

Sec. 4. And be it further enacted, That the Directors of
the corporation shall be eketed by the stockholders, and the
Election*. President by the Directors, from among their own number,
and when elected, they shall hold their offices for one year,
or until their successors are elected, and it shall be the duty
of the President and Directors to call:-a annual meeting of
Quorum. the stockholders, to make such election, and in all meetings
of the stockholders those holding a majority ot the stock
shall constitute a quorum, and su<h stockholder shall bo
allowed one vote for each share of stock he holds, and the
stock may be represented m person or by proxy, and the
power to vote for an absent stockholder may he constituted
by any written expression of the stockholder so appointing a
proxy to vote for him : Provided, That no one, not himself
a stockholder, shall be capable of electing himself ;<s a
stockholder.

Sec. 6. And be it further enacted , That said corporation
shall have full power and authority to make insurance
Power. against losses by fire upon houses, stores and all other

buildings, goods, wares and merchandise, and property of
every description, and to fix a premium thereon, and to
make insurance upon ships and other sea vessels, and upon
steamboats, and all other river craft and boats of every
kind, and upon all goods, wares and merchandise and effects
thereon, and upon slaves, bullion, money, or other property,
and against all maritime and river tisks, and also to make and
effect insurance on liv sof whatever sort or nature, together
with insurance upon every species of property, pursuit or
business, in the pursuit or prosecution of which there is
Premittras. any loss or rbk to receive from any free person or persons,
deposits on trust, and to accept all such trust as may be
confided to it, to loan money and issue its bonds the re lor,
it may loan its money or other property; to any person, or
upon any security it may think proper, and may deal in
foreign and: domestic exchange, and may discount or pur*
chase bonds, notes, bills of exchange or other convertible
. paper: Provided , That nothing in this act shall be so con-*
aimed as to authorise said corporation to make any note#
to circulate as bank notes, or to issue any securities to be
circulated as money.

Sec. 6, And be it farther enacted, That the President and
ufbak'of°Itock'Hirectors of said corporation shall have power to fixihe
place and mode of transfer of certificates oC as well

as the payment of interest and dividends; that a majority
of the Board of directors shall constitute a quorum, and
that the President and Directors shall have power to pass
and make by-laws as maybe necessary to carry this a-t
into effect, and to execute all such business and contracts
as may seem to them best for the interest of the corpo¬
ration/

Sec. 7. And be it further enacted, That said corporation j^ abte *nd *e-’
shall he liable and responsible to its creditors to the extent *t H > nslb} ««
of its property, and the stockholders to the extent of the
amount ol their respective stock and no more.

Skc. 8. And be it further enacted, That this charter and
all the privileges and powers herein granted, shall contmue Pr5vUt ‘««* •*&
in force tor the full term of thirty years from the passage powe,s '
of this a< t, and that the property, funds and business trans¬
actions of the corporation shall be subject to the same rate
of taxation imposed by law on the property and similar
business transactions of other insurance companies chartered
by this State.

Sec. 9. And he it further enacted , That all bonds, bills and
promissory notes made payable at the office of the Planters Bond* aodbuk.
and Merchants Insurance Company, at Selma, shall have
the same legal effect and be subject to the same legal
remedies as if the same were made payable in or at a bank *
of this State.

SEC. 10. And he it further enacted , That all public laws
now in force or which may hereafter be passed prohibiting
or regulating agencies for foreign barks, as in relation to
the*cireulntion of the bills of foreign banks or companies, as Agenc,e8,
money, shall operate upon and apply to tne corporation
hereby created, and that said insurance company shall not
act as the agent of any bank incorporated by or located iri
another State in carrying on the business of banking in
this State* and shall not borrow or obtain from any such
bank, any bank notes, money or credits, and use the same
in this State, in lending out the same or discounting notes
or in dealing in exchange.

Skc. 11. And be it further enacted, That the President or
Secretary of said company hereby incorporated must on
the 4 second Monday m January in each year, or within an<l

thirty days thereafter, make out under path, a statement
of the condition of*said company, showing the amount and
condition of its assets, and also ol its liabilities on the first
day of January of the same year, and shall publish such
statement so verified in a newspaper of general circulation,
published in the city Sedma, and upon failing to comply

18£9~’$0.

186

Back note*.

Body corporate.

Books of sub*
scrip tion.

herewith, said company shall forfeit/and pay to the State
o i Alabama, of one thousand dollars, to be recov¬
ered by suit instituted by the order of the Governor of the
Suite in the Circuit Court of Dallas county ; nothing con¬
tinued in this act shall be construed as oonfering on said
company banking powers or privileges; And, provided
further , That no bank notes or bills issued or made by any
bank created or established by the authority of any of our
sister States or of any foreign country, shall be paid out
under any circumstances by said company or by any of its
oflicers or agents, under the penalty of a forfeiture of this
charter.

Appkovjep, February 21, 1860.

No. 171.] AN ACT

To amend “An Act to Charier the Alabama Insurance
Company,” approved February 8th, 185:.

Sec. 1. Be it enacted by the Senate and House of Represent
tatives of the Stale of Alabama in General Assembly, convened,
That the first section of an Act, approved February 8th,
D58, “to incorporate the Alabama Insurance Company,”
be amended by striking out the names of Loviek P. Butler,
Henry Holmes, William R. Wescott and Smith Cullurn,
and inserting the names of W. C. B bb, John F. Smith, K.
Ii. Metcalf, \V. H. Rives, and R. S. Williams.

Sec. 2. And be it further enacted\ That the third sec¬
tion of said act be so amended as to extend the time of
opening the books of subscription of said company until
the first Monday in July, A. D. I860, and that said Ala¬
bama Insurance Company shall be. and is hereby authorized
to open books of subscription at any time priof* to the first
day of July, A. 1). I860.

Approved, February 21, 1860.

*AN ACT

No. 172.]

To Incorporate the Union Insurance Company.

Seo. 1. Be. it enacted by the Senate and House of jRepiesent
atives of the State of Alabama in Genera-'. Assembly , convened ,

That James L. Price, Columbus W. Lee, Richard II. Adams,

William E. Clarke, David A. Boyd, Samuel A. Fitts, corpora.

Samuel Houston and Richard II. Hudson, and their asso¬
ciates be, and are hereby constituted a body corporate,
under the name and style of the u Union Insurance Com¬
pany of Union Town.” The amount of the capital stock
thereof to be not less than fifty, nor more than one hundred
and fifty thousand dollars, and to be-divided into shares of
one hundred dollars each.

Seo. 2. Be it further enacted , That notice shall be given
for two successive weeks by advertisement in a newspaper
published in Perry county, of the time and place, when
and where, subscription will be received for stock in said Notice bj-aewer-
company, said ■ subscriptions shall be opened under the tfsea3eut -
inspe ction and control of any three or more persons named
in the first section of this act, and the sum of twenty dollars
upon each share subscribed for shall be paid in at the time
of subscription, and the remainder secured to be paid at
such time, and be paid in such manner as the Board of
Directors after their election shall determine ; the books to
remain open for subscription for five days, and no person
shall be allowed to subscribe more than one hundred shares
in one day, and when fhe sum of fifty thousand dollars
shall be subscribed the company shall be organized to com¬
mence business.

SEO. 3. Be it further enacted , That a board of Directors
to consist of four persons, owners of stock to the amount
of two thousand dollars, who shall hold their office for one
year, shall be elected by ballot by the stockholders voting£»^ d ° drec
in peison or by proxy, after notice by advertisement for
two consecutive weeks in a newspaper published in Perry
county, stating the time and place of holding the election,
the first election to be held under the inspection of any
three or more of the persons named in the first section of
this act, and subsequent elections to be held under the
inspection of three persons to be appointed by the Board
of Directors; the stock holders at all elections and at ail F4ec ^ ons *
meetings for the transaction of business are entitled each to
om vote for each and every share of capital-stoek they may
own, and in all meetings of the stockholders, those bolding

President.

Open books.

Risks.

Deposits.

Indebtedness.

a majority of the stock shall constitute a quorum, and the
stock mav be represented either in person or by proxy, no
one who is not himself a stockholder shall be capable of
acting as proxy lor another. The President of the company
to be < looted by the Directors from among their own num¬
ber: all other officers necessary to be elected or appointed
bv the President and Directors as they may determine by
regulation.

Skc. 4. Be it further enact(d, That provided stock is not
taken to the amount of one hundred thousand dollars within
five days appointed for the receipt of subscriptions, the
Board of Directors may open books from time to time at
their discretion for the receipt of further subscriptions to
the capital stock upon such trust as they shall subscribe.

Sec 5. Be it further enacted, That the said corporation
shall have power and be authorized to make general in¬
surance upon houses, stables, gin houses, cotton, corn and
other produce: upon lives and health, both of white per¬
sons and ol slaves; upon stock of every descriptor), upon
vessels, boats, freights, money, goods, wares and merchan¬
dise any other species of property, against loss in any
manner by fire, dangers of the sea, rivers or otherwise, at
such rates of premium as they may agree, and to transact
all such matters as appertain to an insurance company.

Sec. 6. Be it further enacted , That the said company shall
be authorized to receive money on deposit and to give
certificates for the same, to borrow money and issue its
bonds for the same, to purchase, hold and convey property
of every description, to make, have and use a common seal,
and thesime to alter and renew, shall be capable of suing
and being sued in all the courts of this State, to loan its
money arid funds Irom whatever source derived, to invest
the same in real or personal securities, bills or notes, and
deal with* the same in the purchase and sale of domestic
and foreign exchange.

Sec. 7. Be it further enacted, That any stock in said com¬
pany owned by persons indebted to said company, whether
as principal or security for others, or whether said indebted¬
ness be due, or has not yet matured, shall be held as security
for such indebtedness until said indeledness is discharged,
and in case of failure of-payment of said indebtedness,
within sixty days after maturity of the same, the Directors
shall have power to sell said stock or as much of it as will
satisfy said indebtedness, first advertising the same for ten
days in a newspaper published jn Ferry county prior to
such sale. * -

i8$9-m

Sec. 8. Be it farther enacted, . That if with in sixty days
after the election of a Board of Directors the subscribers
for stock shall not pay or secure the payment of the balance
due upon the stock subscribed by them, in manner and atook forfeit**. -
form as prescribed by their regulations to be adopted, the
first payment and the stock subscribed for shall be forfeited.

Sec. 9. Be it farther enacted , That said corporation shall
keep a book for the transfer of shares of its capital stock, Boak ^ ftpapgfeIV
and the names of all the owners of capital stock to appear
therein, and all transfers shall be made under such rules and
regulations as the Board m y direct or prescribe, ami the
shares be considered as personal property and be liable U*
attachment and sale under execution.

Sec. 10. Be it farther enacted, That said corporation
shall be responsible to its creditors to the extent of* its
property of every description, and the stockholders to the
extent of the amount of their respective stock not paid up.

Sec. 11. Be it farther enacted, That all bonds, bills and
promissory notes, made payable at the office of the Union Bon<l3 billg and
Insurance Company, shall have the same legal effect and be notes,
subject to the same legal remedies as if the same were made
payable at any bank in this State.

Seov 12. Be it further enacted, That nothing in this act
shall be so construed as to authorize said corporation to Securities,
make any notes or other securities to circulate in the com¬
munity a3 bank notes or mony.

Sec. Id. Be it further enacted, That all public laws now
in force, or which rniy hereafter be passed, prohibiting or
regulating agencies for foreign banks, or in relation to the
circulation of the issues of foreign banks or companies as
money shall operate upon, and apply to the corporation
hereby created ; and that said Insurance company shall not for '

act as the agent of any bank or other company incorporated
by or located in another Bute in carrying on the business
of banking in this State, and shall not borrow or obtain
from any bank or eomoany out of the State, any bank
notes, money or credits ami use the same in this S { ate in
lending out the same or discounting notes, or dealing in
exchange, nor in any manner pay out bills or notes of
any b ink not doing business under the authority of the
laws of Alabama, under the penalty of a forfeiture of its
chart m. . *

Sec. 14. Be it further enacted. That the Board of Directors By4aw9 aad
shall have the fight to make such by-laws and other fegUrxeguiutious.
IatijOn-4 as they may deem necessary and . right : Provide
such by-laws and regulations do not conflict with th$ pro*

Power*.

President auil
secretary.

Body corporate*

Notice given of
time and place.

visions of this act and the constitution and laws of this
State.

Skc. 15. Be it furthr enacted, That this charter and all
the provisions and powers herein granted shall continue in
full force for the term of fifteen years from its organization
by election of officers.

Skc. 16. Ik it further enacted, That the President or Secre¬
tary of said company, hereby incorporated, must, on the
second Monday in January in each year, make out under
oath a statement of the condition of said company, showing
the amount of its assets and also of its liabilities on the first
day of January in the same year, and shall publish such
statement so verified in some paper published in Perry
county.

Approved, February 25, 1860.

No. 173.1 AN ACT

To Incorporate the Cahaba Insurance Company.

Sec. 1. Be it enacted hy the Senate and House of Represent -
txlives of the State of Alabama in General Assembly convened,
That Joel E. Matthews, Alanson Saltmarsh, James D. Craig,
Robert S. Hatcher, Edward M. Prime, Samuel M. Hill,
John A. Lodor, C. C. Pegues, and their associates be, and
they are hereby constituted a body corporate under the
name and style of the “ Cahaba Insurance Company,” to
be located in the town of Cahaba ; t te amount of the capi¬
tal stock thereof to be not less than one hundred thousand
dollars, nor more than five hundred thousand dollars, and
to be divided into shares of one hundred dollars each.

Sec. 2. Be it further enacted , That notice shall be given
for two successive weeks, by advertisement in a newspaper
published in the town of Cahaba, of the tune and place
when and where subscriptions will be received for stock in
said company, and books for subscription shall be opened
under the inspection and control of the said corporators or
a majority wf them, and the sum of ten dollars on each
share shall be paid in at the time of subscribing, and the
remainder to be paid at such time and in such manner as
the Board of Directors, after their election, shall determine;
the books to remain open for subscription for twenty days,
and no person shall be allowed to subscribe for more than
one hundred shares in one day, and when the sum of one

191

1859-m

hundred thousand dollars shall be subscribed and the books
of subscription closed, the company may be organized to
commence business.

Seg. 3. Be it further enacted , That a President and five
Directors of the company, who must be owners of stock to
the amount of two thousand dollars, and who shall hold
their office until their successors are elected, shall be elected
by ballot by t he stockholders voting in person or by proxy ail<l

in writing, after notice by advertisement for two successive
weeks in a newspaper published in the town of Cahabn,
stating the time and place for holding the election, the first
election to be hold under the inspection of said corporators
or a majority of them, and subsequent elections to be held,
at annual meetings of the stockholders thereafter, to be
called by the Board of Directors, of which meetings notice
shall be given as above required for the first election ; the rie.tion.
stockholders at all elections and at all meetings for the
transaction of business to be entitled to one vote for each
share of capital stock they may own, and at such annual
meetings the stockholders shall fix the salary or compensa-s&bry.
tion of the President, and may establish and prescribe such
rules and regulations not inconsistent with the constitution
and laws of this State, as they may deem necessary f'or the
guidance and control of the officers of the corporation.

Sec. 4. Be it further enacted, That if stock is not taken
to the amount of.one hundred thousand dollars within the

twenty days appointed for receiving subscriptions, the cor¬
porators, or a majority of them, may re open the books
from tune to time at their discretion for further subscrip¬
tions until the amount is subscribed, and after the company
is organized, the Board of Directors may re open the books
for further subscriptions under the directions and restric¬
tions contained in section second of this act, until the sum
of five hundred thousand dollars is subscribed.

Twenty <?*/*

Rc-open l>of>k*.

Sec. 5 . Be it further enacted, That the corporation shall
have power and be authorized to make general insurance Rii ' kM *
upon houses, stables, gin houses, cotton, corn and other pro¬
duce, upon stock of every description, upon vessels, boats,
freights, money, goods, wares and merchandise, and evety*
other species of property; against loss in any man her by
lire, dangers of the sea, rivers or otherwise, tmd upon the
lives and health of both white persons and slaves, at such
rate of premium as they may agree, and to transact all such
matters as appertain to an insurance company; to borrow
money, and to loan its urortey and fund, from whatever its
source derived, at interest, to iovest the same in real and

1859-60.

personal securities by discounting, and may deal with the
same in the purchase and sale of domestic and foreign
exchange; to receive in deposit all funds or money that
may be offered to them on interest or otherwise, for which
they shall give certificates of depos.ts in such manner and
form as they may deem proper or the depositors may require,
and that they may open offices or establish agencies at other
places than in tin? town of Cahaba.

Sec. 6. Be U farther enacted , That if within sixty days
after the election of a President and Board of Directors the

Subscribers for subscribers for stock shall not pay or secure the payment of
stock. the balance due upon the stock subscribed for by them, in

manner and form as required by the regulations to be
adopted by the Board of Directors, the payments made at
the time of subscribing shall be forfeited, and the stock of
such defaulting subscribers may be sold by order of the
Board of Directors for cash, and the residue of* their sub'
seriptions remaining unpaid, maybe recovered in any court
having jurisdiction.

Sec. 7. Be it further enacted , That said corporation shall
Shares ansfet ^ ce P a book for the transfer of shares of its capital stock,
and the names of all owners of capital stock shall appear
therein, and all transferssba’i be made under such rules and
regulations as the Board of Directors may prescribe. The
stockholders shall be responsible for the amount of their

Bauk*b>U*,nbtes,
kc.y not author*
Hed.

By-laws and reg¬
ulations.

Term of office.

I> r< »e and

gecretary.

stock and no more.

Sec. 8, Be it farther enacted , That nothing in this act
shall be so construed as to authorize said corporation to
make or issue any bank bills or promissory notes to be cir¬
culated as money.

Sec. 9. Be it further enacted, That the Directors of said
corporation shall have power to make such by-laws as they
may think proper not inconsistent with the constitution and
laws of this State and the rules and regulations prescribed
by the stockholders, and may appoint a secretary and such
other officers or agents as may be necessary for the trans¬
action of the business of tire corporation, may prescribe the
term of office of each of them, may at any time remote
them from office, and may req fire of all or any of them
fiord arid security for the faithful discharge of their duty
and may fix the amount of their compensation, and may
fill all vacancies which may occur in their own body or in
any other office of the corporation. /

Sec. 10. Be it further enacted. That the: President, and
Secretary of said company must on the Jr*t Monday in
January, in each year, make out underoath a^tatement of

the condition of said company showing the amount and
character of the assets, and the amount and character of the
liabilities of the company, and shall publish such statement
in a newspaper published in Dallas county and in every . .

other county in this State, where agencies are established
under this act, or nearest thereto if there is none published
therein, and upon failure to comply with the provisions of
this section the said President and Secretary are guilty of a
misdemeanor, and, on conviction, may be fined not less than
twenty nor more than one hundred dollars.

Sec. 11. Be it farther enacted That all promissory notes
and bills of exchange, payable at the office’of the company
or at the office of any of its agencies, shall have the same
legal effect as if payable in bank, and be governed to the
same extent by the commercial law: Provided , That noth- Comraerclal Iaw -
ing in this act contained shall be construed to authorize said
company to pay out the bills of any bank not incorporated
or doing business under the authority of a charter from or
the free banking laws of the State of Alabama, and if
said company, by its officers or agents, shall so pay out any
such foreign bili or note the said payment shall operate as
a forfeiture of its charter.

Approved, February 21, 1860.

No. 174.] AN ACT

To authorize the City of Montgomery to aid in construction
of the South and North Alabama Railroad.

Sec. 1 . Be it enacted by the Senate and House of Represent 1 -
atives of the State of Alabama in General Assembly convened,

That the municipal authorities of the city of Montgomery
are hereby authorized in such manner as they may deem
'expedient, to take the sense of the holders of real estate in
said city upon the proposition to raise by tax upon real
estate, not to exceed two per cent, per annum the sum of
three hundred thousand dollars, to be invested in stock of
the South and North Alabama Railroad Company.

Sec. 2. Be it further enacted , That if the holders of real
estate shall decide in favor of the said tax it shall then be
lawful for the said city authorities to prescribe and direct
the manner ih which scrip shall be issued to the persons Scrip issue,
taxed as evidence of the amount of taxes paid by them

1859-m

which said scrip shall be convertible into Stock of said
road under such rub s and regulations as the said railroad
company may prescribe.

Sec. 8 . Be it further enacted, That any real estate owner
shall h tve the right to prepay his taxes for two or more
years, at his pleasure, taking the existing assessment as the
basis and shall be allowed a reduction upon the principles
of discount that prevail in banking operations according to
law, on making any prepayment and be entitled to scrip
accordingly.

. Sec. 4. Be it further enacted , That all laws repugnant to
the provisions of this act are hereby repealed.

Approved, February 24, 1860.

No. 175.] AN ACT

To authorize the City of Montgomery to take stock in the
South and North Alabama Railroad Company, and in
the Bank of Alabama.

Sec. 1. Be it enacted by the Senate and House oj Represen¬
tatives of the State of Alabama in General Assembly convened,
That for the purpose of facilitating the construction of the
South and North Alabama Railroad, the corporate author¬
ities of the city of Montgomery, are hereby authorized to
Subscribe f«r and subscribe for and take any amount of the capital stock of
take stock. the South and North Alabama Railroad Company, not
exceeding one hundred and fifty thousand dollars, and any
amount of the capital stock of the Bank of Alabama, not
exceeding one hundred and fifty thousand dollars, at any
time within one year from the day on which the Governor
of this State, approved the act to incorporate the Bank of
Alabama, and for other purposes.

Sec. 2. Be.it further enacted, That to enable the corporate
authorities of the city of Montgomery to subscribe for, take
and pay for the stock mentioned and referred to in the first
section of this act, the said corporate authorities may issue
•myb« 4 * city bonds for an amount not exceeding three hundred

thousand dollars in such form and for such amounts, and
payable at such times as they may provide, pot exceeding
ten years, and bearing interest not exceeding eight per
centum per annum, which interest may be payable at such
times, and in such mode as may be specified in said bonds;

1859-m

Said bonds may be sold by said corporate authorities, or
disposed of in any manner they-may deem best to carry
into effect the provisions and purposes of the first section
of this act.

Skc. o. Be it further enacted , That for the purpose of
providing for the payment of said city bonds, and the inter*
est thereon, the corporate authorities of the city of Mont¬
gomery, are hereby authorized to levy and collect a special LeV3 f * nd coiUet *
and separate tax upon the real estate lying within the limits
of said city, annually, until a sufficient sum is levied and
collected to pay off said bonds, and the interest thereon; the
said tax shall be assessed and collected under the laws and

ordinances in force in said city in relation toother taxes,
and the bonds now or hereafter taken for the security and
collection oi taxes, or to provide against defaults from any
municipal officer, shall be deemed to embrace this tax as
other city taxes.

Skc. 4. Be it further enacted , That the name of all the
persons who shall pay assessments under this act with the
amount of their payments, respectively, shall be preserved
by the corporate authorities oi the city of Montgomery in
a well bound book, and that whenever any person shall
have paid the sum of two hundred dollars, the said corpo-Two haadno
rate authorities shall secure to him the full benefit of dollaf *'

ownership of a like amount of the stock of said railroad
company and bank, which may have been subscribed for
by said corporate authorities under this act, ami the parties
who may have made payment, shall be authorized to assign
their claims, and that whenever any person shall have
claims as assignee or otherwise, amounting to two hundred
dollars, he shall likewise be entitled to the benefit of own¬
ership of that amount of said stock, and so fdr every two
hundred dollars, that be shall be entitled to or snail have
paid under this act.

Skc. 5. he it farther caw ted, That before the corporate
authorities of the city of Montgomery shall be entitled to
levy the tax aforesaid, an election shall be held at the court
house of the county of Montgomery, in said city, to aseer- E!dctI<>n
tain the sense of the owners of real estate thereupon, which h<mse *
election shall be conducted under the authority of said
corporate authorities of the city of Montgomery, after a
notice of ten days by advertisement in one of the newspa¬
pers published in said city, -that at the said election, none
shall be entitled, to vote except the owners of freehold
estates, in the said city, or tenants under leases, for a term
of five years or a longer term, and guardians shall be

1859-’60.

Cits bonds*

entitled to vote on the estate of their wards; and if at the
sai<i election a majority of the votes taken shall be in favor
of this law, each of the proceeding sections of this act shall
be operative, and the said corporate authorities of the city
ol Montgomery, shall bo authorized to issue the city bonds,
assess and collect the tax, subscribe for and take the stock,
and to do every other thing mentioned in the proceeding sec¬
tions of this act, and the said corporate authorities in doing
the several things authorized by this act, may adopt the
form, mode, and manner in which each of’those things shall
be done, and they shall preserve the returns of said elec¬
tion, and shall record the result on the minutes of the cor¬
poration of the city of Montgomery.

■Approved, February 22, 1860.

No. 176.

AN ACT

To regulate Tolls on the Monte Sauo Turnpike Company.

Whereas, a company under the name and style of Monte
Sano Turnpike Company, has he n incorporated under the
general law of the State of Alabama, for the purpose of
constructing a macadamized road from the corporate limits
of the town of Huntsville, in the county of Madison, to
Monte Sano, in said State, therefore,

Sec. 1. Be it enacted by the Senate and House of Represent•
atives of the State of Alabama in General Assembly, convened ,
That the said company is hereby authorized to locate its
Locate toil gates. g a j- e on the most eligible point on said road-

Sec. 2. Be it farther enacted , That the said company is
hereby authorized to take and receive toll at the said gate,
at the rate specified in the said charter, in all cases whatso¬
ever, excepting from any person passing from one part of
his farm or plantation to another part of the same, or from
persons going to or from funerals, or places of religious
worship, or to or from militia musters, if required to do
militia duty, or to or from elections, at which such person
is authorized to vote, or from any person traveling on foot,
or going to or from any grist mill, with grain for family
use, or to or from any blacksmith shop for work, or going
for a physician or returning. f
Approved, February 21, 1860.

Receive toll.

197

1859-60.

No. 177.] AN ACT

To authorize the City Council of Eufaula, to indemnify
subscribers to certain Stock in the South-Western Hail-
road of the State of Georgia, and to purchase the right
of way for the extension of said Hoad to the Depot in
said City*

Sec. 1. Be it enacted by the Sewne and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That whereas the South-Western Railroad of the State of
Georgia, will soon be completed to the eastern bank of the
Ohatahoochee river, opposite the city of Eufaula, in Ala¬
bama; and whereas, the South Western Railroad Company
have proposed to build a bridge across said river, and
extend said road to a depot within the corporate limits of
said city, upon condition that the sum of eighty-seven
thousand five hundred dollars is subscribed to the stock of
said road, by the people of said city, and the light of way of way *
secured to the said depot tree of expense to said company,
and whereas, certain citizens of said city are willing to sub¬
scribe to said stock and pay for all tile same, if they are
indemnified against loss by the depreciation in the value indemnity,
of said stock, or in any other way, the said City Council
of Eufaula, be, and they are hereby authorized to issue
bonds of indemnity, signed by the. Mayor, and sealed with
the corporate seal of said city, in such sums as may be
necessary to secure the person or persons subscribing to
said stock against loss, and to pay such bonds or so much
of the same as may become due by reason of such loss out
of any funds in the treasury of said city, to be raised by
taxation or otherwise: Provided, never thrives, That the
sums to be paid shall in no event exceed the amount of
principal and interest, and other proper charges left unpaid Provided,
to such person or persons after deducting the net proceeds
of the sale of said stock, fairly made lor cash within sixty
days after the first day of February next, or at such later
period, as said persons may in their discretion deem ex¬
pedient

Seo. 2. Be it further enacted, That the said City Council
of Eufaula, be, and they are hereby authorized to purchase
the right of way for said railroad, to the depot in said city,
and for that purpose to use so much funds out of the City n,fp * L
Treasury, as may be necessary, to be raised by taxation or
otherwise.

Approved, January 20, 1860.

198

Chattahor chee
river.

fort Gaines,
franklin.

HoH property.

Locate and con
struct single or
» ouble track.

Provided.

No. 178.] AN ACT

To Incorporate the Southwestern Railroad Company.

Sec. 1 . Be it enacted by the Senate , and Bouse of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the South-Western Railroad Company, a body cor¬
porate in the State of Georgia, for the purpose of authori¬
zing said company to extend its road from the point on the
western band of Chattahoochee river, at which said com¬
pany shall cross said river to any suitable point for a depot,
which may be selected either within or near the city of
Eufaula, and also for the purpose of a similar extension of
said road from the point at which said road shall cross the
said river, near the town of Fort Gaines, in Georgia, to a
suitable terminus within or near the town of Franklin, in
this State, be, and the same is hereby created a body cor¬
porate in this State, by the name of the “South-Western
Railroad Company,” and by that name is hereby authorized
to sue and be sued, to have a common seal, to make con¬
tracts, to purchase and hold such real and personal property
as may be necessary for the purpose of this incorporation,
and to do and perform within this State all such acts as
usually pertain to Railroad corporations.

Sec. 2. Be it further enacted, That the said “South wes¬
tern Railroad Company,” is hereby authorized to locate and
construct single or double track railways between the points
hereinbefore designated, and to use the same for the trans¬
portation of persons or property, either by steam or other
power, and for that purpose the said company is authorized
to lay out said road, not exceeding one hundred and fifty
feet wide through the entire length, and for the purposes
of depots, cuttings and embankments, and the necessary
turwmis may take as much more land as may be necessary :
Provided , said company shall make fair compensation to all
real estate owners along the line of said roads for the lands
that may be used or condemned for the use of said roads,
according to the provision for each purpose made in the
charter of the Girard Railroad Company, granted by the
State of Alabama, the benefit of which provisions are here¬
by granted to the said “South-Western Railroad Com¬
pany Provided , also , That nothing herein contained shall
authorize said company to exercise banking piivileges, or
construct branch railroads from either of the lines
authorized.

Approved, January 21, 1860.

199

1859-60,

No. 179.] AN ACT

To Incorporate the Pickensville Branch of the Mobile and
Ohio Railroad Company,

Sec. 1. Be it enacted by the Senate and House of Represent ,
a lives of the State of Alabama in General Assembly, convened*

That Albert T. Henley, James Chalmers, John J. Lee,

John W. Gregory, James Stevison, RobertT. Johnson, A. M.

Wilkins, Henry L. Wiliams, James Scott, with such other
persons as shall associate with them lor that purpose, are wp9rJ(e(
constituted a body politic and corporate, by the name of
the u Pi kensville branch of the Mobile and Ohio Railroad
Com) .'any,' 1 and by that name to sue and be sued, plead and
be impleaded in any court of this State, to make and have
a common seal, and the same to break, alter or renew a£
pleasure, and the company is hereby vested with all powers,
privileges and immunities which are or may be necessary
to carry into effect the purposes and objects of this act,
he reinafter set forth, and said company is hereby authorized
and empowered to locate, construct and finally complete a
single, double, a tripple railroad or way from some suitable ginjrle 4ttUhlt
point in or near the town of Pickensville, in the county of truck.
Pickens, Alabama, so as to intersect the Mobile and Ohio
Railroad, at or near Brooksville, Mississippi, and to trans¬
port, take and carry property and persons upon said Rail¬
road or way, by the power and force of steam or animals,
or any other mechanical or other power, or any coinbina-
tion of them which said company may choose to apply*
ami fbr the purposes of constructing said Railroad or way*
the said company is hereby authorized to lay out their road,
not exceeding one hundred feet wide through the whoie
length ; and for the purpose of depots, cuttings and embank¬
ments, and for the purposes of necessary turnouts and for Depots,cuttiuga,
obtaining stone and gravel, may take as much more land as c *
may be necessary for the construction and security of said
road, with permission to purchase the stock, materials and Purer.stock,
right of way, and to make any lawful contract with any
rad road company in relation to the business of said com¬
pany, and also to make joint stock with any other railroad
corporation: Provided , That all damages tlmt may be occa¬
sioned to any person or corporation, by the taking of any
such land or materials aforesaid, for the purposes aforesaid,
shall be paid by said corporation in manner hereafter
prescribed.

Sec. 2. Be it further enacted , That the capital stock c*pit*i «t«ck.

1859-’60.

200

Open books.

Govertiment of
affairs.

Meeting? of stock¬
holders.

of said company shall n6t exceed one million of dollars, to
be divided into shares of one hundred dollars each, which
shares shall be deemed personal property, and be transferred
in such manner and at such place as the by-laws of said
company may direct: Provided , That said company mav, as
soon as shares to the amount often dollars thousand shall
have been subscribed, then survey and locate the road, but
shall not commence the construction thereof until shares to
the amount of twenty thousand dollars shall have been
bona fide subscribed, or an amount sufficient to the estimation
of the Directors to complete the road to the State line
between Alabama and Mississippi, in the direction of
Brooks vi lie.

Sl<:c. 3. Be it further enacted , That the persons named in
the first section of this act, or a majority of them, shall
open books to receive subscription to the capital stock of
said company at such time and places as they, ora majority
of them, may appoint, and shall give such notice of the
time and places of opening said books as they may deem
reasonable : Provided , the Directors may authorize any per¬
son to receive subscriptions at any time or place.

SEC. 4. Be it further enacted, That the immediate govern¬
ment and direction of the affairs of said company shall be
vested in a Board of Directors, seven in number, who shall
be chosen by the stockholders of said company, in manner
hereafter provided, and shall hold office until others are
duly elected and qualified to take their places as Directors,
and the said Directors, four of whom, the President being
one, shall elect one of their number to be President of said
company; they shall also choose a Secretary and such other
officers as they may deem necessary.

Sec. 5. Be it further enacted , That the persons authorized
by the third section of this act to open books for subscrip¬
tion to the capital stock of said company arc hereby author¬
ized after the books of subscription arc closed, or when the
sums subscribed shall reach twenty thousand dollars, to call
a meeting of the stockholders of said company in such man
ner, and at such time and place ns they may appoint for the^
choice of Directors of said company, and in all meetings of
the stockholders of said company, each share shall entitle
the holder thereof to one \ote. which vote may be given by
the stockholder in person, or by lawful proxy, and the
annual meetings of stockholders of said company for the
choice of Directors shall be holden at such times and places
and upon such notice as the said company in their by-laws
may publish

Sec. 6, Be it further enacted. That in case it shall so
happen that‘an election of Directors shall not be made on
any day appointed by the by-laws of said company, said
company shall not for that cause be dissolved, but such By _ laW8>
election may be holden on any day which shall he appointed
bv the Directors of said company, and said Directors shall
have power to fill any vacancy which may occur by death,
resignation or otherwise.

Sec. 7. Be it further enacted, That the Directors shall
have full power to make and prescribe such by-laws, rules
and regulations as they shall deem needful and proper
touching the disposition and management of the stock,
property, estate and effects of said company, not contrary
to this charter or the laws of this State and of the laws of
the United States, the transfer of shares, the duties and con- Transfer of
duct of their officers and servants, touching the meeting and *»»are§,
election of Directors, and all matters whatsoever which may
appertain to the concerns of said company ; said company
is also hereby authorized to purchase, secure and hold such
estate as may be necessary and convenient in aec nriplish-
ing the object for which this incorporation is granted, and
may by their agents, surveyors, engineers and servants
enter upon all lands and tenements through which they nfa Ac
may deem it necessary to make said road, and to survey
and lay out and construct the same, and to agree and con¬
tract for the land or right of wav with the owners through
which they may intend to make said road, in case such
binds belong to the estate of any deceased person, then
with the executor or administrator of such, or in case of
the same belonging to a minor or a person non compos men -
tis, then with his or her guardian or guardians, or in case
said lands bo held by the trustees of school funds, or other
trustees of estates, then with such trustees, mortgagees or
cestui que trusts , and the said executors, administrators, guar¬
dians, trustees, mortgagees and cestui que trusts are hereby
declared competent to contract . with said company
for the rignt to use, occupy and possess the lands held
by them respectively, so far as may be useful or necessary Ewcutws a
to the purposes of said railroad, and the act and deed of administrator*,
such executors, administrators, guardians, trustees, mort¬
gagees and cestui que trusts shall pass the title in said lands
in the same manner as if the said deed or act were made,
or done by a legal owner of full age, and such executor,
administrator, guardian, trustee, mortgagee or cestui que trust
shall account to those interested for the amount paid him,
in pursuance of such agreement and compensation,, and if

1859-m

202

fiber: ft

Jvjry.

Notice.

Advertisement.

Justice peace.

Verdict.

Circuit court.

Judge probate.

the said company and parties representing lauds prefer,
they may refer the question of compensation to arbitrators,
mutually chosen, whose award or that of their umpire, in
case of disagreement, shall vest title according to its tenure.

Sec. 8 . Be it farther enacted, That if the said company
cannot agree with the owner of the land through which
they desire the road to pass, or with the executor, adminis¬
trator, guardian, trustee, mortgagee, or cestui que trust afore¬
said, it shall and mav be lawful for the clerk of the Circuit
Court of the county in which said lands may be, on the
application of said company, or its agents, and he is required
to issue a writ of ad quad damnum commanding the Sheriff
that without delay he cause a jury of seven good and lawful
men, none of whom shall be land owners or stockholders
in said company, to be upon such land on a day' to be by
said Sheriff fixed and appointed, and whereof it shall bo
his duty to give notice to the owner, executor, administra¬
tor, guardian, trustee, mortgagee or cestui que trust , at least
five days before such day, if they be within his county,
and if not, or if the owner or owners be unknown, then
notice shall be given by advertisement to be by such Sheriff
posted and fixed at the dwelling house, if any such there
be, or on a publ ic arid conspicuous part of said land, at least
five days before such appointed day, and also by advertising
the same in some newspaper published nearest the land, at
least two weeks by weekly insertions prior to such day, and
then cause said jury, after being duly sworn by said Sheriff
or Justice of the Peace to make true inquestof the damages
suffered by such owner or estate by reason of making said
road through such land. If any such juror shall fail to
appear, or by reason of challenge for cause or otherwise
fail to sit on" said inquest, the said Sheriff shall fill said jury
from the bystanders, and if they fail to render a verdict,
the Sheriff shall again or on some subsequent day impannel
a new jury until a verdict be had, such verdictand inquest
regularly certified by the Sheriff, shall be returned to the
office of the clerk of the Crieuit Court of the county in
which said lands may be, and there remain among the
records, and the said inquest shall vest in said company the
right to occupy and use such land for the purposes of said
railroad on the payment or tender of payment of the dam¬
ages therein assessed against said company, and in case of
persons absent or unkown as aforesaid, the placing of the
amount of said damages in the hands of the Judge of the
Probate of the county where such land may Ire, shall be
deemed and taken as payment* and such judges shall be

203

1852-60.

liable on their bonds, to make clue payments of said money
so deposited on demand thereof.

Skc. 9. Be it further enacted , That it shall be the duty of
the Sheriff to appoint and hold said inquest within ten clays
after the receipt of said writ of ad (/nod damnum , e x cept
in cases of absence aforesaid, in which case thirty days shall
be allowed him, and five days in addition are allowed him
for every additional jury which he nnyy have under such Pena,t J r *
writ, aud for every default therein, the said sheriff shall be
fined not less than ten dollars for non attendance, of all
such lines as well as costs, the Circuit Court of the county
shall have jurisdiction. There shall be allowed the follow- Fee8 -
ing fees, to wit: to the clerk of the Cireut Court for every
writ of ad quod davtnum , seventy-five cents; for receiving
and filing inqin st, seventy five cents; to the Sheriff for
jury notice, seventy-five cents, besides printers’ fees not
exceeding two dollars in each case; for holding inquest five
dollars, and for summoning witnesses seventy five cents
each ; to jurors seventy five cents per diem, which fees are
not allowed until a verdict be returned and filed, and shall
be taxed in the bill of costs and paid by said company : B,H of cotU *
Provided , however, that before the application of said writ,
the said company may tender to the said owner or owners
of any such land, a sum of money by it deemed equivalent
to the damages to be sustained, and upon refusal to accept
the sum tendered, and a verdict for the same amount, or a
less sum, the cost shall be taxed and paid by the owners Costt***!.
of said land upon which inquest is held.

Sko. 10. he it further enacted , That whenever in the con¬
struction of said railroad it may be necessary to cross or
intersect any established road or way, it shall be the duty intersect,
of said company, so to construct their railroad as not to
impede the passage of such established road or wav, and if
it be erected for said railroad over any navigable water
course, the same shall be made so as not to obstruct the
navigation of such water course.

Sec. II. Be it farther enacted, That the said company for
the purpose of making said railroad or repairing, or chang¬
ing it afterwards, shall have the same right of entry on A(ljaeent Ian4 ^
adjacent lands, and to cut, quarry, dig, take and carry away
any stone, wood, gravel, or other material which may be
necessary as is before recorded, as to the right of way:

Provided , however, that in all cases the said company shall
make compensation to the owners as is ©greed on in ths
manner heretofore provided for.

Sec. 12. Be it further enacted , That the said company may

204

1859 - 00 .

Depots.

Roa<i to be
chanf«‘U

Tolls *iul chajfl^s

Penalty.

Payment of aum
subscribed.

Public auction.

agree and contract for land necessary for depots or other
purposes or condemn the same in like manner and by like
proceedings as hereinbefore provided for the' laud on the
route of the road.

Sec. 13. Be it further enacted, That the said company may
cause any road or way to be changed or altered in such
manner that said railroad may be made on the best site of
ground for that purpose : Provided\ that said company shall
put such road or wav, in as good condition as at the time
of altering or changing the same.

Sec. 14. Be it further enacted , That it shall be lawful for
the company hereby incorporated from time to time to fix
and regulate the toll and charges by them to be recived
from transportation of persons or property on tbeir railroad
or way aforesaid hereby authorised to be constructed, erec*
ted, built or used or upon any part thereof.

Sec. 15. Be it further enacted , That if any person or per¬
sons shall wilfully do or cause to be done any act or acts
whatsoever, whereby any building, construction or works
of said company or any engine, machine, or any matter or
thing appertaining to the same, shall be stopped,obstructed,
impaired, weakened, injured or destroyed, the person so
offending shall be guilty, on indictment of misdemeanor,
and shall also forfeit any pay to said company the amount
of damages sustained by reason of such offence or injury
to be recovered in the name of said company with cost of
suit by action of debt.

Sec. 16. Be it further enacted, That the Directors of
said company shall require the payment of the sum or sums
subscribed to the capital stock of said company in the fol¬
lowing manner, ten percent on the whole amount subscribed
to be paid at such times as the Directors may order, the
balance to be divided into three equal annual installments,
to be secured by three several notes of hand of the respec
tive stockholders, made payable to said company, and in
case any stockholder shall refuse to make payment of his
or her note at maturity, the stock of such stockholder may
be sold by the Directors of said company at public auction,
reasonable notice of such sale having been first given, and
in case the proceeds of the sale be not sufficient to pay the
note thus due, suit may be commenced on the note: Pro¬
vided, that if all the stock holden be not sold in pursuance
of the above provision, before all three of his or her notes
shall have been paid, then the Directors of said company,
may commence suit upon such note or no tea* as may bestill
dun and unpaid.

1859-m

Sec. 17. Be it fu/iker enacted^ That all lands, rights,
machines, vehicles, carriages and works, and property of
every description belonging to said company, and all profits
which may accrue from the same, shall be vested in the ghajPe<boWftr#<
respective shareholders of said company in proportion to
their respective shares.

Sec. 18. Be it further enacted, That the share of stock¬
holders in the road hereby incorporated, shallhe liable only Uam totheex<
to the extent of the stock taken b} r thorn respectively, but tent <>f stock,
not beyond the amount of said stock, and in the event any
stockholder shall fail to pay his liabilityJbr and on account
of stock for more than ninety days, the Directors may after
five days notice to such delinquent stockholder, or after
notice published for two consecutive weeks in some news¬
paper near said road, declare his said stock forfeited, or may
Sell the same as heretofore provided for.

Approved, February 9, 1860.

No. ISO.] AN ACT

To extend to the Opelika and Oxford Railroad Company
the provisions of Sections 9, 10 and 11, of An Act enti¬
tled An. Act, to incorporate the Russell Railroad Com¬
pany.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,
That all the provisions of Sections 9, 10 and 11, of an Act
entitled An Act, to “Incorporate the Russell Railroad
Company, approved 10th February, 1852 shall be, and are
hereby extended to the Opelika and Oxford Railroad Com*
pany, and said sections shall be taken and considered as a
part of the charter of said Opelika and Oxford Railroad
Company.

Approved, February 24, 1860.

Body corporate

locate track.

Gadsden,

Jacksonville.

Wit IHv cutting**

208

No. 181.] AN ACT

To Incorporate the Georgia and Alabama Railroad

Company.

Sec. 1. Be it enacted by ike Senate and House of Represent*
atives of the State of Alabama in General Assembly , convened ,
That John T. Stuart, James Montgomery, William W.
Little, William S. Acre, Earley Loekey, John W. Ramsey,
Adam B. McOlung and P. G. Cobb, of the county of
Cherokee, and J--#r. Whatley, Win. Scott, E. L. Wood¬
ward and James F. Grant, of the county of Calhoun, with
such other persons as shall associate with them for that
purpose, are constituted a body politic and corporate, by
the name of the Georgia and Alabama Railroad Company,
and by that name may sue and be sued, plead and be im¬
pleaded in any court of this State, to make and have a
common seal, the same to break, alter or renew at pleasure,
and the said company is hereby vested with all the privi¬
leges and immunities which are or may be necessary to
carry into effect the purposes of this act hereinafter set
forth, and the said company is hereby authorized and
empowered to locate, construct and complete, and maintain
a single or double track of railroad from the State Hne,
dividing the State of Georgia and the State of Alabama,
at some point between the town of Centre in Cherokee
county, Alabama, and the town of Cave Spring, in the
county.of Floyd, in the State of Georgia, to Gadsden, in
the said county of Cherokee, in the said State of Alabama.,
or to some point on the Coosa and Chattanooga River
Railroad, above Gadsden, in said Cherokee county, and
also a branch railroad leading from the said Georgia ami
Alabama Railroad, from some point in the said county of
Cherokee, to the town of Jacksonville, in the county of Cal¬
houn, in the State of Alabama, on the most expedient route
by said company to be selected, and to transport, take and
carry property and persons on said railroad, by the power
of steam, or any mechanical power, or any combination of
them which the said company may choose to apply, and
for the purpose of constructing said railroad, the company
arc hereby authorized to lay out their road, not exceeding
one hundred feet wide through the whole length, and for
the purpose of depots, stations, cuttings and embank merits,
and for the purpose of necessary turnouts, and for the pur¬
pose of obtaining stone, gravel and other material, may
take as much more land as may be necessary for the con-

207

struction, security and maintenance of said road, with
permission to purchase the stock,, material and right of
way, and to make any lawful contract with any other rail*
road company in relation to the business of said company,
and also to moke joint stock with any other corporation ;
Provided, That all damages that may be occasioned to any
person or corporation, by the taking of any land or material
os aforesaid, shall be assessed in the manner hereinafter

Provided.

describe 1 1.

Skc. 2. Be it further enacted , That the capital stock of said
company shall be one hundred thousand dollars, which Cap,tal * tock ‘
may be increased to any amount sufficient to construct and
fully equip said road, as set forth in the first section of this
act, and which shall be divided into shares of twenty-five
dollars each, which shares shall be deemed personal P ro ' prop "
perty, and be transferred in such manner as the by-laws
of the company may direct: Provided , That said company
shall organize as soon as shares to the amount of fifty
thousand dollars shall have been taken. ^

Skc. 8. Be it further enacted , That the persons named wrtpJeu. w
in the first section of this act, or a majority of them shall
open books of subscription to the capital stock of said
company at such times and places as they may deem pro¬
per; Provided , the Directors may authorize any person to
receive subscriptions to the stock at any time or place.

Sec 4. Beit farther enacted , That the immediate gov¬
ernment of the affairs of said company, shall be vested in
a Board of Directors, nine in number, who shall be stock-y^ru of (free¬
holders, ami who shall be chosen by the stockholders ol t0 ''*'
of said company, in the manner hereinafter provided, and
shall hold their office until others are duty elected and
qualified to take their places as Directors, and the said
Directors, a majority of whom (the President being one),
shall constitute a quorum for the transaction of business,
shall elect one of their number to be President of the com- Qn runi *

pnr.-v, they shall also choose a Secretary, and such other
offie ra as they may deem necessary.

Sko. 5. Be it further enacted, That the persons author¬
ized in the third section of this act, to open books of sub¬
scription to the capital stock of said company, are hereby
authoriz'd and required, after the books of subscription
are 'dosed, or when the sum subscribed shall reach filly
thousand dollars, to call a meeting of the stockholders of
said company, in such manner and at such time and place
os they may appoint for the choice pf Directors*of*said
company, and in ad meetings of > the stock holders of said

Open books of
snbacriptipn.

Vote.

208

company, each share shall entitle the holder thereof, to one
vote, which vote may be given by the holder in person or
by lawful proxy, and the annual meeting of the stockhol¬
ders ot said company for the choice of Directors, shall be
hoideti at such time and place and upon such notice as the
company in their by-laws may publish.

Sec. 6. Be it /wither enacted, That in case it shall so
happen that an election for Directors shall not be made on

Ry4aw?.

Qftcer*.

Powers.

any day appointed by the by-laws of said company, said
company shall not lor that cause be dissolved, bat such
election shall be held on any other day, wtpeh may be
appointed by the Directors of said company, and said
Directors shall have power to dll any vacancy occasioned
by death, resignation or otherwise.

Sec. 7. Be it further enacted, That the said President and
Directors, or a majority of them may appoint all such offb
eers, engineers, agents, conductors, or servants whatsoever,
as they may deem necessary, to carry on the business of
said company, and may dismiss them at pleasure, and si
majority of them may authorize the compensation of all
officers, engineers anci servants of said company. The
Directors shall also have power to pass all by-laws they
may deem necessary and proper for exercising all the
powers vested in this company, for carrying into effect the
objects of this act; Provided, only , such by-laws shall not
be contrary to the laws of this State or of the United
States.

Receive convey
ant es, &c.

Sec. 8. Be it further enacted , That the President and
Directors of said company are hereby authorized to contract
for and receive conveyances of land for the track of rail¬
road, one hundred fpefc wide, also for depots, stations,
warehouses, buildings, side track, cuttings, embankments,
&e., and for stone, timber, gravel and earth, and for other
materials, which may be necessary in the construction or
maintenance of said railroad, and when the owner and
company cannot agree upon the price, or whfcn the owner
is an infant, non-resident or non non edmpos mentis, then
it shall be lawful for the President and Directors of Said
company to condemn said lands, timber, stone, gravel,
earth and other materials, in the manner provided in the
charter of the Alabama and Tennessee Rivers Railroad
Company* and in the amendments thereto;

Sec. (k Be it .further mooted) That when
rands. &c., co»-other property shall be so condemned and iestftnateci as

enure tb and become the property of

company

Uemned.

20^ ! 18S9-’60.

of the amount assessed by said jury to the party^itimidg
damages on account of the construction of 8a id railroad,
through said lands, or for such other property : Provided t
That said work shall not be delayed on account of the pro-
ceedmgs had as aforesaid.

Sec. 10. Be it further enacted, That said President and
Pi rectors shall have power to require the stockholders of
said company to pay such installments on their respective P(Hr#ri
shares of stock in said company, and at such time as they
may deem best for the interest of said company, and upon
the failure and refusal of any stockholder to pay the install-,
merit on his *>r their stock in pursuance of any call made • miM|e
by the President and Directors as aforesaid, said President president,
and Directors may proceed to collect the same, as provided
in the charter of the Alabama and Tennessee Rivers Rail¬
road Company, and in the amendments thereto.

SEC. 11. Be it farther enacted , That said company shall BrWgw.
have the right to construct bridges for their road across
navigable streams, and to cross and intersect any estab¬
lished rail or other road : Provided , the navigation of such
stream is not stopped, and the passage of such other rail or Pr0T ><te<i.
other road way is not impeded, and said company may
cause any road or way to be changed or altered in such
manner that said railroad may be made on the best side of
ground for that purpose; Provided, further, That said 'com¬
pany shall put such road or way in as good condition as at
the time of altering or changing the same.

Sec. 12. Be it further enacted , That after the construc¬
tion of said railroad, the company may collect’toll from^ fe *
any p rson who may ride or transport merchandise, or any
* other commodity on the same.

Sec. 13. Be it farther enacted , That the powers, privi¬
leges and franchises granted by this act, shall be and are PowCT3 '
made subject to and dependent upon the conditions, stipu¬
lations and provisions of this section, that is to say: The
company to be formed under authority of this act, shall not
have power to connect or run in connection with any rail¬
road to be constructed to or from the city of Rome, in the Rome, Ga.
State of Georgia, in the direction of Gadsden or Jackson¬
ville, in this State, unless the company which may own or
control such railroad, to be constructed to or irom the. said
city of Rome, shall first obtain and procure the permanent
and irrevocable right to be free-and unincumbered for
any railroad company itow existing or hereafter tef^ be
formed to construct tbeij: railroad* through said ciijt pf

1359-GO

210

Western an<l At*
liuitic it, H.

Jacksonville.

Guafe.

Rome, and by bridge or bridges, as th$ case may require,
across one or both the rivers, at or near the said city of
Rome, as the case may require, so as to give any such com¬
pany the free and unincumbered and irrevocable right to
construct their road from some point on the Western and
Atlantic railroad, of the State of Georgia, at or near the
town of Dalton, through the said city of Rome, and across
said rivers, or either of them, so as to be able to form a
continuous and unbroken line of railway from some point
at or near the town of Dalton, in Georgia, through the said
city of Rome, and across said rivers or either of them, in
the direction of Gadsden or Jacksonville, one of both, as
the case may be, in this State, and said Alabama and
Georgia Railroad Company, shall grant and secure to any
company which may construct a railroad from Dalton or
some point near that place, the right to contsruct and run in
connection with their railroad on fair, equal and accommo¬
dating terms, which shall 1 e mutual, so as to avoid the
expense, breaking, bulk of freights, (fee., and the guage of
said Georgia and Alabama railroad shall be of the usual
guage of the railroads of this State, and of Georgia, to wit:
five feet, and the same shall be the guage of any railroad
which may be constructed in the State of Georgia,
to extend said Alabama and Georgia railroad, or to operate
in connection with it.

Sec. 14. Be it further enacted , That said railroad shall be
commenced, ami at least twenty miles of the same be let to
contract within three years, and work commenced on said
road in good *faith.

Approved, February 24, 1860.

No. 1*82.] AN ACT

To authorize the corporate authorities of Wetumpka to
Subscribe to the capital stock of the South and North
Alabama Railroad, the Bank of Alabama, and for other
purposes.

Sec.* 1. Be it enacied by the Senate and House of Represent -
atipes of the State of Alabama in Qemral Assembly convened,
That for the purpose of facilitating the construction of the
South and North Alabama‘Railroad,, the corporate author-
Sto C stSfk forand ities of the city qf Weturhpka hereby aphorized to
subscribe for an<I take any amount of the capital stock of

211

1859-m

the South and North Alabama Railroad Cofopany, not ex¬
ceeding fifty thousand dollars, and any amount of the cap¬
ital stock of the Bank of Alabama not exceeding fifty
thousand dollars, at any time within two years from the
day on which the Governor of this State approved the bill
incorporating the Bank of Alabama, and for other purposes.

Sec. 2. Be it further enacted, That to enable the corpor¬
ate authorities of the city of Wetumpka to subscribe f£r,
take, and pay for the stock mentioned and referred to In
the first section of this act, the said corporate authorities
may issue city bonds for an amount not exceeding one hum Qity bond3 .
dred thousand dollars in such form and for such amounts,
and payable at such times as they may provide, not exceed- 4
ing ten years, and bearing interest not exceeding eight per
centum per annmrr; which interest may be payable at such
times and in such mode as may be specified in said bonds;
said bonds may be sold .by said corporate authorities* or
disposed of in any manner they may deem best to carry
into effect the provisions and purposes of the first section
of this act.

Sec. 3. Be it further enacted , That for the purpose of pro¬
viding for the payment of said city bonds, and the interest
thereon, the corporate authorities of the city of Wetumpka
are hereby authorized to levy and collect a special and sep- s t ,0ci ‘ lf " x *
erafce tax upon the real estate lying within the limits of said
city, annually, until a sufficient sum is levied and collected
to pay off said bonds and the interest thereon, the said tax
shall be assessed and collected under the laws and ordi¬
nances in force in said city in relation to other taxes, and
the bonds now or hereafter taken for the security and col¬
lection of taxes, or to provide against default from any
municipal officer, shall be deemed to embrace this tax, as
other city taxes.

Sec. 4. Be it further enacted , That the names of all the
persons who shall pay assessment under this act with the
amount of their payments, respectively, shall be preserved
by the corporate authorities of the city of Wetumpka in a
well bound book, and that whenever any person shall d book

paid the sum of two hundred dollars, the said corporate
authorities shall secure to him the full benefit of ownership
as a like amount of the stock of said Railroad’Company
and Bank, which may have been subscribed for by Said oo**
porate authorities under this act; and the parties who may.
have made payments shall be authorized to assign th^f
clainis, and that wHenevfcr any person * shall* have claims'
assignee or otherwise, amounting to two hundred dollars,

1859-60.

Election.

Vote.

Powers.

Central i'lank
Koad,

•:*V

Ten ye^rs.

212

he shall likewise be entitled to the ownership of that
amount of said stock, and so for every two hundred dollars
that he shall be entitled to or shall have paid under this
act.

Sec. 5. Be it further enacted , That before the corporate
authorities of the city of "Wetumpka shall be entitled to
levy the tax aforesaid, an election shall be held in said
city to ascertain the sense of the owners of real estate there*
upon, which election shall be conducted under the author¬
ity of said corporate authorities of the city of Wetumpka,
alter a notice of ten days by advertisement in one of the
newspapers published in said city. That at the said elec¬
tion none shall be entitled to vote except the owners of
freehold estates in the said city, or tenants under leases for
a term of five years or a longer term, and guardians shall
be entitled to vote on the estates of their wards ; and, if at
said election a majority of the votes taken shall be in favor
of this law, each of the preceding sections of this act shall
be operative, and the said corporate authorities.of the city
of Wetumpka shall be authorized to issue the city bonds, *
assess and collect the tax, subscribe for and take the stock,
and to do every other thing mentioned in the preceding
sections of this act, and the said corporate authorities in
doing the several things authorized by this act, may adopt
the form, mode and manner in which each of those things
shall be done, and they shall preserve the returns of said
election and shall record the result on the minutes of the
corporation of the city, of "Weturupka.

6ec. 6. Be it further enacted , That for the purpose of
paying off the indebtedness of the city of Wetumpka,
created by her subscription to the capital stock of the Cen¬
tral Plank Koad Company and the stock of Tallassee
Branch of the Central Plank Road, the corporation authori¬
ties of said city are hereby authorized to issue the bonds of
the ejfy, not to exceed the sum of fifty thousand dollars in
amount, in such form and in such amounts, and payable at
such times and places as they may provide, not exceeding
ten years, and bearing interest not exceeding eight per cen-
turruper annum, which interest may be payable at such
time and such mode as may be specified in said bonds ; said
bonds may be sold by corporate authorities, or disposed of
in any man nor they may deem best to carry into effect the
pu^ppses for \vhieh they are issued.

Sec. 7. 'Be it farther enacted, That for the purpose of aid¬
ing in paying the interest and providing $ sinking fund for
the final pay meat of the, bonds specified id section six (6)

Sinking fund.

1859-m

of this <aefc, the corporate authorities of the city .of Re¬
turn pkn are hereby authorized to levy &nd collect a special
and separate tax not to exceed one half of one per cent, per
annum on the real estate- lying within the limits of said
city annually, until said bonds are paid; said tax shall,be
assessed and collected under the laws and ordinances ir\
force in said city in relation to other taxes, and the bonds
now or hereafter taken for the security and collection* &f
taxes, or to provide against default from any municipal
officer, shall be deemed to embrace this tax as other enty
taxes.

Sec. 8. Be it further enacted , That whenever the corpor¬
ate authorities ot said city shall pass an ordinance to levy
said tux provided for in section seven (7); they shall, "f*
order to ascertain the sense of the real estate owners in said e *

city, cause an election to be held, after giving at least ten
days’ notice in some newspaper published in said city, at
which election none shall be entitled to vote except the
.owners of freehold estates in said city, and guardians shall
be entitled to vote on the estates of their wards; and if at
said election a majority of the votes taken shall be in favor
of said tax, then the same shall be collected, and the ordi¬
nance of the corporate authorities levying the same shall
be in full force. But, if a majority of the votes taken are
opposed to said tax, then it shall not be collected.

Approved,* February 20, 1860,

No. 183.] AjS t ACT

To Incorporate the Russelville and Tuscumbia Turnpike

Company.

Sec.1. Be it,enacted by the Senate and House of Represent'
atipes of the State of Alabama in General Assembly conbafal,

That for the. purpose of establishing a Turnpike road from
the town of Tuscumbia, to the town of Russelville, in the
county of Franklin, a-,company is. hereby authorized and
shall be a body corporate, by the namk and style of t^e t
“IJussel villa and Tuscumbia Turnpike Company,” and by
said name shall be capable in law to contract ami b£ cdft-
traoted with^ to receive by gift, purchase dr otherwise,
sell and conv$y*real and personal property; sue dh&.Be
sued, pRad and be impleaded, make'by-laws alrd do* ifil
lawful acts properly incident to a-dorporation, necessary and

214

proper for the transaction of the business for which it is
incorporated, and to have and use a common seal and to
alter the same at pleasure, and shall have perpetual succes¬
sion of members.

Sec. 2. Be it farther enacted, That William Warren, F.
G. .Norman, L. C. Chisholm, L. If Cooper, James M. Kirk,
William Skinner, Rufus J. Nance and Thomas Sugg, be,
Commissioners. and are hereby appointed Commissioners, any one or more
of whom may at any times or places open books for the
subscription o* stock in said road in shares of twenty-five
dollars each.

sum of subscrip- Sec. 3. Be it further enacted , That when the sum of twen-
llon ty thousand dollars shall have been subscribed, it shall be

the duty of said Commissioners to appoint a day for a meet¬
ing of the stockholders in said road at Russelviile* of which
notice in some newspaper published in said county shall be
given at least ten days before the day appointed for holding
said meeting, and the stockholders who meet in pursuance
of said notice may proceed to organize said company, by
electing seven Directors, who shall be stockholders in said
company, three of whom shall reside in. said county of
Franklin, north of the township line between township No.
5 and No. 6, and three of whom shall reside south of said
line in said countj^; said Directors shall elect from amongst
director^ and themselves a President of said company, and said Directors
and President shall hold their respective offices for twelve
months and until their successors are elected, and may fill
vacancies in the Board of Directors caused by death, resig¬
nation or removal from office until the annual election; the
Directors shall pass such by-laws as they may deem neces¬
sary for the said company, the Directors shall be elected
annually by the stockholders, and such election shall be
By-iaws. held at such place, in said county of Franklin, as the by¬
laws shall prescribe, and stockholders may vote by proxy,
in such manner, as the said by-laws may direct.

Sec. 4. Be it further enacted, That the Directors may
rayipeut of stock make such calls for the payment of stock as they may con¬
sider necessary, and at such times as they may appoint, but
ip no case shall the call be for more than one-fourth of the
subscription at one time, and in all gases due notice must be
given by advertisement in some newspaper published in
£aid county, which notice shall be deemed sufficient to each
stockholder, and on failing to pay the amount, so called,
and as often as it may occur, the President may in the name
Of said corporation give the defaulting stockholder ten days’
notice, and in case the said amount called for is not paid at

215

1859^60.

th« expiration of said terf ? ch*y$ tlion the President may
move for and obtain a judgment for the sum called in the Notice to 4e-
Circuit Court of said county, the docketing the case shall fcu,t * r '
be sufficient notice for the judgment.

Sec. 5. Be it further enacted , That said company may for
the purpose of said road by its President or agent, contract
in writing and not otherwise for such land, timber or other
necessary material for said road, and when the owners of
such land, timber or other material, and said company fail
to agree, or when the owner is dead, an infant, non compos
mentis , or resides out of the county, or is unknown, then it
shall be lawful lor said company, by its President or agent,
to apply to the Judge of the Court of Probate of said coun¬
ty for a summons directed to the Sheriff of said county,
and in case he is interested or related to the owner, then
the court of said county -directing him to summons five dis¬
interested freeholders in said county, who being first duly
sworn well and truly to assess the damages that may accrue I5aflJage3
to said owner by reason of taking said land or material
shall, after taking said oath, proceed to ascertain the rea¬
sonable value of said land or material, and within ten dhys
return the same to the Judge of the Court of Probate of
said county, which shall be recorded in a book kept for
that purpose, and in all cases either party may appeal from
said decision to the next term of the Circuit Court of said ^ cmt

county, by applying to the Judge of said qourt within five
days after the return is so made.

Sec. 6. Be it f urther enacted , That said.. company may
make as many branches from said road as it may consider Branch Roads
necessary, and may continue the road either south or north
as it may see fit, and in all cases such branches and contin¬
uations shall have the same rights, privileges and remedies
as are secured to the said road by this charter.

Sec. 7. Be it further enacted , That said company shall
have the right of way of fifty feet in width for the con- wt *'
struction of said road, culverts, ditches and waste ways for
water, &c.

Sec. 8. Be it further enacted , That the said company may
when two miles of said road are. completed, erect a toll gate JSf ffate8 ’
and demand and receive the following rates of toll on said
road, to wit, at each gate, viz: Schedule of rates. For
any single horse, mule or head-of cattle, three cents per
head; for every man and horse, ten cents; one horse vehi¬
cle, fifteen cents; two horse vehicle, twenty-fivocenU; four
r horse vehicle, forty cents; each head of hogs, sheep'or
goats two cents; and said company may erect not more than

1859-60.

216

Penalty.

Eighty feet wide.

Ten year?

Right of way.

0«npQi?8»otifra’

court.

Penalty,

Suits

court.

three g^tea quo tfuid^ptid, between Tuseumbia and Rjissel-
.viJle.

S KO. 9. Be it further enacted\ 1?hat should any person.refu.se
to pay said toll, or pass without paying the same when de¬
manded by the gate keeper of said company, then five fold
the amount of toll may . bo recovered before any court
having jurisdiction of the amount.

Sec. 10 Be it further enacted , That said road shall be
m^oadcrnized as said company may determine, not less than
sixteen feet wide, and shall bo made of easy and convenient
grade, such as may be determined by the Directors after the
survey is made.

Sec. 11. Be it further enacted , That said road shall be com¬
pleted within ten years after the organization of said com¬
pany, and on the completion of two miles from .Russelvillo
towards Tuseumbia one gate may be erected and toll col¬
lected-as above enacted, and likewise -when ten miles are
completed from Tuseumbia towards Russelville, agate may
be erected and toll collected as above.

See. 12. Be it further enacted , That said company shall
have the right of way over any public highway already
declared, or which shall after the passage of this act be
declared a public highway for the construction of said road
nd the erection of toll gate thereon.

Sec. 13. Be it further enacted , That it shall not be law¬
ful for the Commissioners’ Court to establish any public
roads from Russelville to Tuseumbia which may divert the
travel from said turnpike road, nor shall it be lawful for
any person or persons, to open any road from Tpscumbia
to Russelville running in a parallel direction with said turn¬
pike road, to divert the travel from said turnpike. Any
person or persons so doing shall pay to the said company
one hundred dollars .per month for every month such road
4 shall be kept open or permitted by them to be so used,
Circuit which maybe sued for by said company in the Circuit
Court of said county* and separate suits may be brought
for each month the said road may be kept open, or permit¬
ted fo be used as aforesaid,

Approved, February 2d, 1860.

217 1889^60.

No. 184.] AN ACT

To Incorporate the Columbus and Fayetteville Railroad

Company.

Sec. 1 . Be it enacted by the /Senate and House of Represent¬
atives of the State of Alabama in General Assembly , converted ,

That W. W. Pool, Greenberry Mitchell, Dr. William
Kcnadv, John R. Cooper, David Duncan, Green T. Horton,

John 0 . Robinson, Moses Walter, T. V. Lyles, Alex. Cobb,

J ames M. Wilson, W. D. Rush, J. C. Dobins, A. J. Wheeler, Body corporate.
David E. Wood and D. J. Prior, or such of them as shall
accept this charter, or such other persons as shall associate
with them for that purpose, and their successors be, and
they are hereby constituted a body politic and corporate,
by the name of the Columbuj and Fayetteville Railroad
Company, and by that name to sue and be sued, to plead
and be impleaded, in any court of this State, to make and
have a common sea), and the same to break, alter, or renew
at pleasure, apd the company is hereby vested with all pow¬
ers, and privileges, and immunities which are or may be
necessary, to make and carry into effect the purposes and
objects of this act, hereinafter set forth, and said company
is hereby authorized and empowered, to locate and construct
and finally complete a single or double railroad, or may,
commencing at Fayette Court House, in Fayette county, Fa Jd fc county.
Alabama, running down the Luxpalila river, in the direc¬
tion of Columbus, Mississippi, in order to intersect the arm
of the Mobile and Ohio Railroad running to Columbus,

Mississippi, and to transport and carry property or persons coiumbu*, Mbs.
on said way by power and force of steam or animals, and
for the purpose of constructing said railroad or way, the
said company is hereby authorized, to lay out their road not
exceeding one hundred feet wide through the whole length,
and for the purpose of depots, cuttings and embankments,
and for the purpose of necessary turn outs, and for the pur¬
pose of obtaining stone and gravel, may take as much more
land as may be necessary for the construction and security
of said road, with permission to make any lawful contract
with any other railroad, corporation, or person, in relation
to the business of first said named corporation, and also to Joint stock,
make joint stock with any other railroad corporation : Pro¬
vided, that all damages that may be occasioned to any p r er- providea *
son, by taking of any such land or material, sball'be paid
for by said first named corporation, in the manner herein¬
after provided.

1-88M60.

218

Sec. 2. 7ie it further enacted, That the capital stock of
said company shall not exceed five hundred thousand dol¬
lars, to be divided into shares of twenty-five dollars each,
Capital stock which shares shall be deemed personal property, and be
transferred in such manner, and at such places as the by-laws
of said company shall direct: Provided , that said company
may commence the construction of said road with all the
powers and privileges contained in this act whenever the
sum subscribed to the capital stock shall be fifty thousand

Open books.

Government anfl
direction.

dollars.

Sec. 3. Be it further enacted , That payment of the sub-
payment of sub- scription to the stock in said railroad may be made in tire
senpturn. materials, labor,provisions, and all and everything necessary

for the construction of said road, which the Board of Direc¬
tors at their discretion may deem expedient to accept.

Sec. 4. Be it further enagted , That the persons named in
the first section, or a majority of them, shall open books to
receive subscription to the capital stock of said company,
at such times and places as they or a majority of them may
appoint, and they shall give such notice of the times and
places of opening said books as they may deem reasonable,
and shall revive such subscriptions, under such regulations
as they rnav adopt for the purpose.

Sec. 5. Be it further enacted, That the immediate govern¬
ment and direction of the allairs of said company, shall be
vested in a board of nine Directors, who shall be chosen by
the stockholders of said company in the manner hereinafter
provided, and shall hold their office until others are duly
elected and qualified to take their places as Directors, and
the said Directors, five of whom, the President being one,
shall be a quorum for the transaction of business, shall elect
one of their number to be President of the Board, who shall
also be President of said company, they shall also choose a
Secretary, and such other officers as they may deem neces¬
sary, and a Treasurer, who shall give bond with security to
said company in such sum as the said Directors may require
for the faithful discharge of his duties.

Sec. 6. Be it further enacted, That the persons authorized
by the fourth sectiou of this act, to open books for subscrip¬
tion to the capital stock of said company, are hereby author¬
ized after the books of subscription to the capital stock of
said company are closed, or when the sum subscribed shall
be fifty thousand dollars, to call the first meeting of tire
stockholders, in such way and at such times and places as
they may appoint, for the choice of Directors of said com¬
pany, and in all meetings of the stockholders pf said coni'

Quorum.

Treasurer.

Meeting of stock
holders.

panv each share shall entitle the holder thereof to one vote,
which vote may be given by said stockholder in person, or
by lawful proxy, and the annual meetings of the stock¬
holders of said company, shall be holden at such time and Proxy
place, and upon such notice as the said company in their
by-laws may prescribe.

Sec. 7. Beit farther enacted, That in case it should so
happen, that an election of Directors shall not he made on B lawg<
any day appointed by the by-laws of said company, said
company shall not for that cause be deemed lobe dissolved,
but such election may be holden on any day which shall
be appointed by the Directors of said company, and said
Directors shall have power to fill any vacancy which may
occur by death, resignation or otherwise.

Sec. 8. Be it further enacted , That the Directors shall have
full power to make and prescribe such by-laws, rules and rowers,
regulations as they shall deem needful and proper touching
the disposition and management of the stock, property,
estate and effects of said company, not contrary to this
charter or the laws of this State or of the United States;
the transfer of shares, the duties and conduct of their ofPi- Elections and
cers and servants, the elections and meetings of their Direc* mcetinss -
tors, and all matters whatsoever may appertain to the con¬
cern of said company; said company is hereby autorized
to purchase, receive and hold, such estate as may be neces¬
sary and convenient in accomplishing the objects for which
this incorporation is granted, and may by their agent,
surveyors, engineers and servants, enter upon all lands; and
tenements through which they may deem it necessary to
make said road, and to survey, lay out and construct the
same, and to agree and contract for the land or right of way Right of way.
with the owners of the land through which they may inter¬
sect to make said road, in case such lands may belong to
the estate of any deceased person; then the executor or
administrator of such estate, or in the case of the same
belonging to any minor, or a person non compos mentis, then
with ins or her guardian or guardians, or in case said lands
be held by trustees of school sections, or other trustees of
estates, then with said trustees, and the said trustees, execu- torsami’adm’rs.
tors, administrators and guardians, are hereby declared
competent for such estate or minor,, to;contract with said
company, for the right to use, occupy and possess the lands
of such estate, minors, Or trustees, so far as may be useful
or necessary to the purpose of said road, and the act. and
deed of such executors, guardians, trustees and administra¬
tors, in relation thereto, shall pass the title in said land in

Bonds.

Agree with own¬
er of lands.

Sheriff to give
notice.

Jury .make true
inquest.

Verdict.

Clerk of circuit
court.

the same manner as if the said deed or act was made or
done by a legal owner of fall age, and such executor, ad¬
ministrator, guardian or trustee, shall account to those in¬
terested upon their respective bonds, for the amount paid
them in pursuance of such agreement and composition, and
it the'said parties and company representing lands, prefer,
they may refer the question to arbitrators, mutually chosen
whose decree or that of their umpire in ease of disagree¬
ment, shall vest title according to its terms.

Sec. 9, Be it further enacted , That if said company can
not agree with the owner of the lands through which tiny
desire said road to pass, or with the executor, administrator,
guardian or trustee, it shall and may be lawful for the clerk
of the Circuit Court of the county in which said laud lies,
on the application of said company or its agents, and he is
required to issue a writ*of ad quod damnum , commanding
the Sheriff that without delay, lie cause a jury of six good
and lawful men, to be upon such land upon a day, to be
fixed and appointed by said Sheriff, and it shall be his duty
to give notice to the owner, executor, administrator, guar¬
dian or trustee, at least live days before said day, if they be
within his county, or if not; or if the owner or owners be
unknown, then notice shall be given by advertisement, to
be by said Sheriff posted and fixed at the dwelling house,
if such their be, or on a public or conspicuous place, at least
five days before such appointed day, and also by advertis¬
ing the same in some newspaper published nearest the land,
at least three weeks by weekly insertions prior to said day,
and then cause said jury, after being duly sworn by said
Sheriff or Justice of the Peace, to make true inquest of the
damages that will be sustained by such owner or estate by
reason of making said road through such land; if any sue a
juror shall fail to appear or by reason of challenge for cause
or otherwise fail to sit on said inquest, the said Sheriff shall
fill said jury from the bystanders, and if they.fail to render
a verdict, the said Sheriff shall again*on the same day or
a subsequent day ernpannel a new jury or' jurors, till a
verdict be had; "such verdict and inquest regularly certified
by such Sheriff shall be returned to the office of the clerk
of the Circuit Court of the county in which said land may
lie, and there remain among the records, and such verdict,
shall vest in said company the right to occupy and use such
land for the purpose of such railroad, oil the payment, or
tender of payment of the damages thereon assessed against
said corppany, and in case of persons absent or unkown as
aforesaid, the pacing of the amount of shell damages to

Damages.

221

1859-m

the credit of the owner in. the hands of the Judge of the
Probate Court of the county in which said lands may be, Judge of pro-
shall be deemed and taken as payment, and such judge shall bate *
be liable on his bond to make due payment of said money
on demand.

Sec. 10. Be it'further enacted, That it shall be the duty
of the Sheriff to appoint and hold said inquest within ten ren,iay3 '
days after the receipt of said writ *of ad quod damnum .,
except in ease of absence aforesaid, in which case thirty
days shall be allowed him, and five days in addition are
allowed him for every additional jury which he may have
under said writ, and for every default therein the said Defau!t '
Sheriff shall be fined by the Circuit Court at the instance
of either party, not less than twenty nor more than one
hundred dollars, and every juror and witness summoned
shall be fined not less than two dollars for non-attendance, Penalty,
of all such fines as well as costs, the Circuit Court of the
county shall have jurisdiction. There shall be allowed the
following fees: to the clerk of the Circuit Court, for every
writ of ad quod, darn/nui u, seventy five cents; for receiving Fees,
and filing inquests, seventy-five cents; to the Sheriff for
giving notice, seventy-five cents, besides printers’ fees not
exceeding two dollars; and forsummoning witnesses twenty-
live cents each ; to jurors seventy five cents per diem each,
which fees arc not allowed until a verdict be returned and
filed, and shall be taxed in the bill of cost and paid by the
company: Provided , however , that before the application ior
said writ, the said company make a tender to the owner or Pl0V,(Ied *
owners of any such land a sum of money bv them deemed
equivalent to the damages to be sustained, and upon refusal
to accept the sum tendered and a verdict for the same
amount or a less sum, the costs shall be taxed to and paid Costs taxed ’
by the owner of the Land upon which inquest is held.

Sec. 11. Be it further enacted , That said company issinpie or double
hereby .authorized to construct, erect, build and use a single track *
or double railway or road of suitable width and dimensions,
to be determined by the Directors of said company, on the
line Of course by them designated, and also under the same
rules, regulations and restriction,.and’with the like privileges pSogS!’ 8 and
and immunities as are herein granted to the main railroad,
to build and construct branch railroads on qither side of the
main road, not exceeding five miles, and shall have power
to regulate the terms and manner in which goods and pas¬
sengers shall-be trasnorted, taken and carried on the same,
and shall have power to erect and maintain toll houses and

Water course.

Regulate tolls.

Penalties.

Damages.

Payment of sums
subscribed.

other buildings *for the accommodation of their concerns as
they may deem suitable for their interests.

Sec. 12. Be it further enacted , That whenever it shall he
necessary for the construction of their single cr double rail¬
road or way to intersect or ero-s any stream of water or
water course or any road or highway, it shall be lawful for
said company to construe across or upon the same, but the
said company shall restore the said stream or water course
or road or highway thus intersected to its former state, or
in a,sufficient manner not to impair its fullness, and in all
cases when any road or public highway is so located that
said railroad cannot be judiciously laid out and constructed
across or upon the same without interfering therewith, in
such case or cases, said corporation may by their engineer,
cause such road or roads to be changed, or altered in $uch
manner that such railroad may be made on the best site of
ground for that purpose: Provided , said corporation shall
put such road in as good repair as at the time of changing
or altering the same.

Sec. 13. Be it further enacted, That it shall be lawful for
the company hereby incorporated, from time to time, to fix,
regulate and receive the toll and charges by them to be
received for transportation of persons or property on their
railroad or way aforesaid hereby authorized to be construc¬
ted, erected, built or used, or upon any part thereof.

Sec. 14. Be it further enacted , That if any person or
persons will or shall willfully do or cause to be done, any
act whatsoever, whereby any buildings, constructions or
works of said company or any engines, machines or struc¬
tures, or any matter or thing appertaining to the same shall
be stopped, obstructed, impaired weakened, injured, or
destroyed, the person so offending shall be deemed guilty of
a misdemeanor, and shall forfeit and pay the said company
double the a’mount of damages sustained by reason of such
offence or injury, to be recovered in the name of said cor¬
poration, with costs of suit instituted for that purpose.

Sec. 15. Be it further enacted , That the Directors of said
company may require the payment of the sum or sums
subscribed to the capital stock of said, company, at such
times and in such proportions, and upon such conditions as
they may deem fit, and incase any stockholder shall fail or
neglect to make payment pursuant to the requisition of the
Board of Directors, the stock of such stockholder or so much
as shall be necessary, may be sold by the Directors of said
corporation at public auction, after the lapse of ninety days
from the time which the payment became due and the sur-

223

1859-W.

plus money of such sales after deducting the payment due
and the interest thereon, and the necessary expenses of sale
shall be paid over to such delinquent stockholder.

Sec. 16. Be it further enacted^ That if the said company
shall think it more expedient to commence the said road at
Columbus, Mississippi, and run in the direction of Fayette¬
ville, Alabama, they shall have the right to do so, and also
to continue the said road with all the privileges embraced
in this charter to Decatur or any other point intersecting
the Memphis and Charleston Railroad.

Approved, February 25, 1860.

No. 185.] AN ACT *

To define the liability of the Mobile and Girard.Railroad

Company.

Sec. 1. Be it enacted by the Senate and House af Represent ,
olives of the State of Alabama in General Assembly convened*
That from and after the passage o i this aht, the Mobile and
Girard Railroad Company, shall be responsible to the con¬
signor or consignors for the safe keeping and delivery of
all cotton shipped on said road, and delivered at the Girard
depot for twenty-four hours after the^arrival of the same
at said depot, and until they give notice to the consignee
or consignees of the arrival of said cotton.

Approved, February 21, 1860.

No. 186.] AN ACT

To authorize Railroad Companies to execute Mortgages,^

Deeds of Trust, other securities, &c.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,

That any railroad company chartered by the Degisl&ture of
of this State, be, and is hereby authorized to execute any
mortgage, deed of trust, or other security on its road bed,
franchises, income or other property, for the purpose of
securing the payment of any bond or bonds issued by such _ ^
company to raise money,^- bpiy,materials for the eomgle-of bond*,
tion or running of its road, land uny such Mortgage, deed

224

1859-60.

Sale under niort-
gage.

Body corporate.

Seal.

of trust, v or other security, shall vest in the mortgage, or
trustee, full ppwer to$ell 4od t convey the road bed, fran¬
chise, income, or othet property conveyed in accordance
with tiie provisions of such mortgage, deed of trust, or other
security.

Sec. 2. Beit further enacted , That in case of a sale under
any such mortgage, deed of trust, or other security of the
road bed, franchise, income, or other property of such coni'
pany, the purchaser, or in case of a strict foreclosure, the
mortgage shall have and possess all the rights, privileges,
franchises and powers conferred upon such railroad company
by its charter.

Sec. 3. Be it further enacted , That all such mortgages
and deeds of trust heretofore made, be hereby legalised and
sales made under them of to be made, shall be held valid.

Approved, February 21, 1860.

No. IS?.] AN ACT

To Incorporate the Montgomery and Eufaula Railroad •

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Arnold Seale, Richard II. Powell, Francis Bugbee,
Israel W. Roberts, Lewis Owen, William 1). Mathews,'
William B. Gilmer, Marion A. Baldwin, John II. Murphy,
Thomas II. Watts, and David S. Blakey, Directors of the
Montgomery and Eufaula Railroad Company, together
with the subscribers and stockholders of the said company
heretofore organized, or attempted to be, and such other
persons as shall associate with them for that purpose, be,
and are hereby declared and constituted a body politic and
corporate, by the name and style of the “ Montgomery and
Eufaula Railroad Company,” and by that nazpe to sue and
be sued, plead and be impleaded, in any court, to make and
have a common seal, and the same to break, alter and
renew at pleasure, and the said company is hereby invested
with all powers, privileges and immunities which are or
may be necessary or proper to carry into effect the pur¬
poses and objects of tnis act, hereinafter set forth; and said
company is hereby authorized and empowered. fo locale,
construct and finally* complete'a single, double or treble
railroad, or way from sQifte suitable! j>oin1* in . the .city of

Montgomery, by or throtigfa tire towa "of Ifotefe Bprings^
to gome suitable point i*n tbe city of E;ufa'tfla, k sfeb, ftfutt*x T n>«n ^riw*.
as may be deemed most expedrefctj&dd to'iratisport, takg
and carry property and persons ttpoa said railroad, or way,
by the power and fore£ of steam* of animals or of any o hef
mechanical or other power, or any combination of them r .
which said company may choose to- apply, and for tbe ptir-
pose ot constructing said road or way, the said company if*'
hereby authorized to lay out their.road, sot exceeding one*
hundred feet wide through the whole length, and for the*
purpose of depots, cuttings, and embankments, and for the*<>-
purpose of necessary turnouts, atid for obtaining, stone and 1,
gravel, may tnke as much more land as may be necessary
for the construction and security of said road, with permis¬
sion to make any lawful contract with any other railroad
corporation in relation to the business of said Company,
and also to make joint stock with any other railroad cor¬
poration : Provided, That all damages that may be occa¬
sioned to any person or corporation by the taking of any
such land .or materials aforesaid, for the purpose aforesaid,'
shall be paid for by said company, in manner hereinafter
provided.

Sec. 2. Be it further enacted ) That the capital stock ofcapjtai stock,
said company shall not exceed two millions of dollars, to be v
divided into shares of one hundred dollars each which shares
shall be deemed personal property, and be transferred in
saeh manner and at such places as the bydaws of said com¬
pany shall direct.

Sec. 3. Be it further 'enacted , That the present or any
future Board of Directors shall be authorized to receive
from time to time, additional -subscriptions to the stock wb *

the said company, payable in cash, labor, materials, provi¬
sion?, fofage and such other things'as may be necessary or
useful to the said company: Provided , the sum for tb®
capital above mentioned be not exceeded. ‘

Sec. 4. Be it further enacted, That the immediate'govern- GoTCrnment of
ment and dfrection of the affairs of said company shall be affairs,
vested in d Board of eleven Directors, who shall be chosen
by the stockholders of said company, in the manner here¬
inafter provided, and shall hold their office Until others &re
duly elected and qualified to take their places as Directors,-Preameut ud
and the said Directors, a majority 6f whoxa-the President diNfeu,r **
being one, shall bo a: qubftim foHtbb transaction of* hu«i*
ness, shall elect ofre 4?heif number to be FreSideht of thfc
Board, Vvho shall • dlao" be Presidfetf df said ddnipaay, thet
W

8169 -.- 60 .

TreaWreP.

Vacancies,

Proxf.

shall also choosd ^Bocretary^d such other officers ns they
may deem necessary, and a. Troasnrer, who shall give b >nd
with security, to said ocxmpany, in such sum the said
Directors may require, for the faithful discharge of his
trust. Tho present President and Directors of the com¬
pany, with such as may be elected to fill vacancies, shall
hold their offices, and be President and Directors of the
company hereby created until others are duly elected and
qualified, as hereinafter provided, and at any annual meet¬
ing of the stockholders the number of Directors may bo
increased or diminished, so that the number be not less
than seven nor more than fifteen.

Sec. 5. Be it further enacted , That a meeting of the
shell be held in the city of Montgomery, on
the first Tuesday in May next.,, for tho election of Directors
of said company, and the transaction of such other business
as may be deemed proper, and in all meetings of the stock¬
holders of said company, each share shall entitle the holder
thereof, to one vote, which vote may be given by said
stockholder in person, or by lawful proxy, and tji.e annual
meeting of the stockholders of said company, for the choice
of Directors shall be holrlen at such time and place, and
upon such notice as the said company in their by-laws may
prescribe.

Seo. 6. fie it further enacted, That in case it shall so
happen that an election of Directors shall not be made on
any day appointed by the by-laws of said company, said
«i#«uo»b 5 coin p an y shall not for that cause be deemed to be dissolved,
but such election may be holden on any day which shall
he appointed by the Directors of said company, and said
Directors shall have power to fill any vacancy which may
occur by death, resignation or otherwise.

Sec. 7. Be it further enacted , That the Directors shall
have full }>owcr to make and prescribe such by-laws, rules
and regulation? ns they may deem needful and proper,
touching the disposition and management of the stock,
property, estate and effects of said company, not contrary
to this charter, or the laws of this State or of the United
States, the transfer of shares, the duties and conduct of their
officers and servants, touching the,election of. and meeting
of the Directors, and a)l matters whatsoever, which may
appertain to the concerns of said company ; said company
is also hereby authorised purchase, receive and h<>M
such estate as may be necessary and convenient in accom¬
plishing tho object for which this incorporation is granted,
and may, by their agents, surveyors, engineers s^d servants

Transfer

shares.

28 ?

eater upon all lands and teaetmejtfs through which they
may deem it necessary to niajfce «aid .roa% and to survey,
lay out and construct the samd, fend to agree and contract
for the land, or right of way, depots and turnous, with the W4/ .
owners, through which they may intend to make the said
road. In case said lands belong to any deceased person,
then with the executor or administrator of such, or in case
the same belong to a minor or a person non compos mentis,
then with his or her guardian or guardians, or in case said
lands be held by trustees of school sections, or other irus-
tees of estates, then with such trustees, and the said execu¬
tors, administrators, guardians and trustees are hereby
declared competent for such estate, or minors, to contract
With said cofnpany for the right to use, occupy and possess
the lands of such estates, minors or trustees, so far as may
be useful or necessary to the purposes of said railroad, and
the act and deed of such executors, administrators, guar^
diaris, or trustees, in relation thereto, shall pass the title in
aald land in the same manned as if the said deed or act***?*
was made or done by a legal owner of full age, and such
executor, guardian, administrator or trustee shall account
to those interested, upon their respective bonds for the
amount paid him in pursuance of such agreement and copi*
position, and if said company and parties representing
lands prefer, they may refer the question of compensation
to arbitrators mutually chosen, whose award or that of their
umpire, in the case of disagreement, shall vest the title
according to its terms.

Sec. 8* Be it further enacted , That if the said company
cannot agree with the owner of the land, through which
they desire said road to pass, or with the executor, admin¬
istrator, guardian, or trustee, it shall and may be lawful for
the clerk of the Circuit Court of the county in which said
land lies,, on the application of said company, or its agents, ,

and he is required to issue a writ of ad quod damnun x coin ***

jnanding the sheriff that without delay lie cause a jury of
six good and lawful men to be upon such land,upon a day
to be by said sheriff fixed and appointed, and whereof it
shall be his duty to give notice to the owner, executor,
administrator, guardian, or trustee, at least five days before
euc?h day, if they be within ins county, or if not, or if the,
owner or owners be unknown, then notice shall be givtjii
fey advertisement to he by the sheriff posted and fixed
the dwelling hottse^ if such there be, or it public or ooq-
sphmous place* at least fiver days before such appointeddav^
and then, cause said jury, after jbeiog duly awojtt

1859 -* 06 :

Verdict.

Right to occuj y.

Damages.

Dity of sheriff.

Circuit a «*t.

sheriff of iMke- trtre itifyi&sft'M the

damages that wilf be s^fain^J bj shell 6 wriiff or Estate, - by
reason of making said toad, depots and 'turnouts, hpon or
- through such land. If any juror shall* fail to appear or by
reason of challenge for cause, or dtherwise fail to sit oh said
inquest., the sheriff shall fill sakf jury from the bystanders,
and if they fail to render a verdict, the sakl sheriff shall
again on the same or a subsequent day, empannel a new
jury or jurors till a verdict be had, such verdict and inquest
regularly certified by such sheriff shall be returned to the
office of the clerk of the Circuit Court of tlie county in
which said land may be, and at the first term of said court
shall on motion be entered as the judgment of the court,
and such verdict shall vest in said company the right to
occupy and use such land for the purpose of said railroad,
oh the payment or tender of payment of the damaged
thereon assessed against said company, and in case of per¬
sons absent ot unknown,, as aforesaid, the placing' t^e
amount of such damages to the credit of the owner, in ther
hands of the Judge of the Probate Court of the county in
4rhich such lands may be, shall be deemed and taken £s
payment, and such judges shall be liable on their bonds,
to make due payment of. said money on demand. But if
On the return of tire said verdict, either party should be
dissatisfied, upon filing bond and security in such amount
as the court may direct, an appeal shall be allowed to the
next.term of said court, and stand for trial de novo , and So
soon as the damages have been assessed and the money
tendered to the claimant, or deposited with the Judge of
Probate as aforesaid, it shall be lawful for the company to
proceed with the work.

Sec. 9. Be it farther enacted^ That it shall be the duty of
the sheriff to appoint and hold said inquest within ten days
after the receipt of said writ of ad quod damnum , except in
cases of absence aforesaid, in which case thirty days shall
be allowed him and five days in addition are allowed him
for every additional jury, which he may have under said
Writ, and for every default therein, the said sheriff shall be
fined by the Circuit Court at the instance of either party,
ri6t less than twenty nor more than one hundred dollar^
and every juror and witness* summoned, Shall be fined not*
less than ten dollars for non attendance, of all sUoh fines &&
well as costs, the Circuit Court of the county shall frav$
jurisdiction. • Thefe shall be allowed the following fees to
the clerk of the Circuit Cqut^ V^Por,every Writ of M
winum, seven ty-flve r eent& r'ffot executing fUfog in^

%iiaat% seyenly fiy #'$&&& i ffi^r giving mb ic^
seventy-five confer fee#, m each case for

holding Jaqv&st* five dollars, and for summoning witnesses,
twenty-five cents qacb; to julors, seventy-five cnais ppf
diem each, which fees arc not allowed until a verdict ife
returned,and filed, and .shall be taxed in the bill of costs
and paid by the company ; Provided, however f That befqr#
the application for said writ, the said company may ir.ab
a tender to the owner or owners of any such land, a sur#
of money by them deemed -equivalent to the damage to
be sustained, and upon refusal to accept the sum. tendered,
and a verdict for the same amount or a less sum, the costs Cw5fe:
shall be taxed to and paid by the owners of the .land,, upon
which inquest is held. . ; ; q * r .'. v j

Sec. 10. Bo it further enacted, That said company is
hereby authorized to construct, erect, build ami use a,singly BaiMinja.
double or treble railway, or road of suitable width aqq
dimensions, to be determined by the Directors of said co»v
pany, on the line or course by them designated, and jaiso
under the same rules, regulations and restrictions, and witl} Pm-ikees.
the like privileges and immunities as are herein granted tq
the main railroad, to build and construct branch railroads,
on either side of the main railroad, and shall have povver/to
regulate the time and manner in which goods and *Numhis«.

gets shall be transported, taken and carried on the sa**N%
and shall, have power to erect and maintain toll housesan4
other buildings, for the accommodation> of their concerns,
as they may deem suitable to their interest. q v

Sec. 11 .Beit farther enacted. That wire never it shallhc
necessary for the construction of their single, double pr
treble railroad, or way to, intersect oi cross any, railyoad op
highway, it shall be.lawful fur said coin pany to construtq e< * ,t ^ t8cr0SS -
across or upon the same, but said company shall restore
the same railroad or highway thus intersected.Xo its former
st$%, or in sufficient manner not to impair its usefulness,
iUpICin all casts for that purpose.; Provided, sfiid corpora¬
tion shall put such road in as good repair is at' thp,.timf
changing or altering the same., < , , j, .. . [f j.

>--MW d f urther i?naete$, Tljat,.it $halL be, lawful fpf Reflate tojn.

tins company ..hereby. incorppra,t^.i,.£roni |imq49, feme, 49
fix, regulate and receive thqtolLand , t© f

received, for transportation of pcfs^ns;,pr pijoperty^onj^u^l*
railroad- py way \ aforesaid*^ hereby- authorized ta^be -«g^
sta’uafed^crected, huilfeprqrsed, or nppn aj*y>part, the|pq£ iV#

Jpfeiit if^uy p^s©q#l pf%
gons wfli : of shall wjlfully. 4p, or, j&usa to, b$. dpnf

1859^m 230

— t. f»-. -Mr *

or acts whatsoever, whereby any building* construction, or
wmks of said company, or any engineer, machine, or stfuc-
tnre, or any matter or thing appertaining to the same, shall
be stopped, obstructed, impaired, weakened or destroyed,
the person so offending shall be deemed guilty of a misde¬
meanor, and shall forfeit and pay to said company, double
the amount of damages sustained by reason of such offenses
or injury, to be recovered in the name of said corporation,
with costs of suit by action of debt.

Sec. 14. Be it farther enacted , That the Directors of
stuck. ®aid company may require the payment of the sum or sums
subscribed to the capital stock of said company, at such
times and places in such proportions, and upon such condi¬
tions us they may deem fit, and in case any stockholder
shall refuse or neglect to make payment pursuant to the
requisition of the Board of Directors, the stock of such
stockholder, or so much as shall be necessary, may be sold
V>y the Directors of said corporation at auction, after the
lapse of ninety days from the time when the payment be¬
came due, and the surplus money, the avails of such sale,
lifter deducting the payments due and interest thereon, and
the necessary expenses of sale shall be paid over to such
delinquent stockholder.

Sec. 15. And he it farther enacted , That upon the failure
ipr refusal of any stockholder to pay any installment called
Falters to pur* for or demanded by the Directors of said company, or if
upon the sale of the said shares as above specified, they
shall be sold for less than the amount due ort the said
shares; the said company upon giving thirty days notice
Mo« tko circtiit to such defaulting stockholder, may proceed to move the
Circuit Court of the county in which said stockholder may
reside for judgment against such stock holder* for the amount
due to said company, or as the case may be, for any defi¬
ciency that may occur in the sale of said stock as above
specified, and said court is hereby authorized and emppw-
jttdfment. fcfed, and required to render judgment against said default¬
ing stockholder, at the term of the court at which said
motion is made, which judgment so given, shall be a lien
on the real and personal property of said stockholder, find
execution may issue as upon oth^r- judgments and costs,
ttotfce. and nil notices hereby required to be given to any default¬

ing stockholder* shall be issued by and in the name of the
Sectary of the Board oJ Directors, and served - by the
sheriff of the county in which the stockholder may reside,
afnf shall be returned to the office of the clerf of the
courts, as in cdses of eofoinomwrits, with the penalties; and

281 1859-m

the sheriff shall efliitted to one dollar for serving said
notice which, with till* -the costs* that may accrue ou saidr«*
proceedings, shall bfc paid by the party against whom
judgment may he rendered. '

Sec. 16. And be it further enacted , That the company
hereby created* shall succeed to all the right?, privileges, prt*-

claims, dues and immunities of the Montgomery and UcfM '
Eufaula Railroad Company, as the same existed before, and
at the time of the passage of this act, and the acts of the
last mentioned company, are approved and declared to be
legal and valid, so tar as the same are consistent with its
charter and the laws of the land.

Sec. 17. Arid be it-further enacted , That for the purpose
<ft building and equipping the said road, paying damages,
debts and 1 labilities, the said company may contract debts,
borrovv # rnoney, and pledge the road and property of the
Said company by mortgage or otherwise.

Approved, January 16, I860.

No. 188.1 AN ACT

To Incorporate the Opelika and Talladega Railroad

Company.

Sec. 1. Be it enacted by the Seriate and House of Repesent*
attics of the State of Alabama in Genera/- Assembly, i&nvened t
That Walter G. Williams, B. B. Patrick, John R. Slaugh¬
ter, William Griffin, R. G. Young, John Bell, A. MeHeill*

T. J. Vardeman, John P. Oclc.n, J. D. Griffin, A. G. HoTe*
way, G. W. Gamble, Michael Stone, William Rogers and ^c*,^,**^
J. M. Lanorin be, and they arc hereby appointed Commis¬
sioners to open books and receive subscriptions for stock at
such times and places as they may think proper, appoint
‘agents to solicit subscriptions for slock in a Railroad to be
constructed from Opelika, in Russell county, Alabama, by
Dadeville, in Tallapoosa county, to some point on the Ala¬
bama and Tennessee Rivers Railroad, between the east bank
of the Coosa river and the town of Talladega, and anyone
or more of said Commissioners may open said books and
appoint said agents and fix times and places as aforesa&dj

SEC. 2. Be it further enacted, That so soon as one hitfc*
dred thousand shall be subscribed for the purpose aforesaid*

* said Commissioner**, or any on& or more of them, staill call c*h *
a meeting of said subscribes in the toWn pf Dad ^Ulb, by

1859

Notice.

Be*].

Vet«.

Officers.

Quorum.

m- m

giyiag notice of the time and pjaoo in oi*$ oa: wojpe newspa¬
pers published in said county pr illspoo$*i twenty
itUtys, and such subscribers e-re hereby authorised and em-
powered to organize them selves as a body corporate in the
^)^me of the “ Opelika and Talladega Kail road Company,”
with the powers, privileges and liabilities hereinafter speci¬
fied by resolution to that effect entered on the minutes of
their proceedings.

Sec. 3. Be it further enacted. That said subscribers and
their successors forever, are hereby created a body corpor¬
ate by the name of the “ Opelika and Talladega Railroad
Company/’ and in that name it may sue and be sued at law
and in equity, may have and use a common seal and the
Same alter at pleasure, may establish such by-laws and rufts
for tne government of said company and its officers and
agents, not inconsistent with the constitution an^ laws of
this State or the United States, as to them may seem proper,
the capital stock of said company shall be $1*500,000,
and shall be divided into shares of $100 each, which shall
be paid in such installments as the Board of Directors here¬
inafter provided for may direct.

Sec. 4. Be it. further enacted , That said subscribers at the
meeting aforesaid for the purpose of organizing under this
Charter,and the stockholders in this company when organ¬
ized, and their successors in office, at all future meetings of
Stockholders, may vote in person or by proxy appointed in
-writing, one vote for each share of stock, and in all such
meetings the vote shall be by ballot, and a majority of stock
s shall govern, and at said meeting of subscribers, after they
have by resolution accepted the provisions of this charter,
said stockholders shall proceed to ele<3t the officers ot said
company who are hereby declared to be a President,. Secre¬
tary, Treasurer, and a Board of Directors, to consist of not
, more than nine persons, of which the President shall be one,
all of whom, except the Secretary and Treasurer, shall, be
stockholders in said company, and all of them shall hold
.their offices for one year, and until their successors are
sleeted and qualified and ready to enter on the discharge of
Jiheir respective duties, and the President ai\d Directors of
^aid company shall have power to appoint such other offi¬
cers, and agents for said company as they or a majority of
theca mjiy think fit. .A majority of said Directors, with
the, President, shall form a quorum* and in all their acts a
majority sb^lLgoverri, and, said Board of Directors shall
keep in a nea4 boundffiopk a, neat and corr$<#record of a}b
their proceed mgs,, wbkb,, together with ,* all books, of

WfT"**

* 9

accounts, cQ.nnected with the business of. the company, shall
be open a t all reasonable times for in&pecfciofi by any-stock¬
holder of the company.. i .-.-

&£C. o. Be it further enacted\ That tbe Treasurer of said Treasow . gIve
company shall give bond with good security to be approved bond -
by the Board of Directors in such sum as the Board shall
direct, conditioned to perform ail the duties required of-him
by the Board of Directors of said company, and to keep aU
money which may come to bis hands as such Treasurer, an <d
pay the same oyer or account for the same as required by
said Directors, and the Secretary shall also give bond and
security in like manner for the faithful performance of the g ,
duties of his office, if the Directors think proper to require" * ry ‘
it, and the Treasurer and Secretary shall receivesucb salary
as the Board may allow. <

Sec. 6 . Be it further enacted , That so soon as said com¬
pany is organized in the manner aforesaid, all its affairs and tw* nl ° f 4iree
interests shall be controled and managed by the Board of
Birectors aforesaid.

Sec. 7. Be it further enacted , That said company shall
have power to contract for the right of way and all neees- p**er».
sary materials for the construction of said Kailroad asafopp*,
said, and to receive and hold conveyances for the same (it
fee simple’or other less estate as-they may desire, and
,case the company and the owner of the land cannot agree
as to the value of the land for the right of way, or fpr R]
depots, or materials, such as timber, stone, sand, gravel,« 4 fct> 8 °
or in case the owner is a minor, or lunatic, or married
woman, or a non resident of this State, it shall be lawful for
the company or its agent to apply to the sheriff of the comi¬
ty, where such land or material may be, stating in* writing
any one or more of the above facts, together with a descrip
t ion of the land or materials which the company desires to
have, and shall .give on said paper good security for costs,
payable to the Judge of Probate for the county on all costs judge of probate,
of said proceedings, valued as near as may be; said sheriff*
shall thereupon proceed to summon five persons, who are
disinterested and of lawful age, competent to act ns jurors
in said county, and endorse their names on said application, She riff.
and said sheriff’ together with said jurors, shall proceed
forthwith, if required by the agent of said company* to
where the land or materials may be situated; and said
,sheriff shall swear each of said jurors to value said land qr
materials faithfully and according to the best of fps knowl¬
edge and judgment, and >vithout fi^vor to either party, 3 rid
..said jurors .shall then ; q£amir*e thq promises or qmteriajs,

ii * * * ■ * . -

284

l859-'«8.

Award.

Verdtot

title.

Fees.

Circuit court.
New trial.

and if cither party desires to offereviderice it may be done,
and the jury or a majority shall make their award in \vi>
ting, describing the land or the materials which they con¬
demn, and the value they assess. In making this award
they shall.take into consideration, as an offset to the vahio
of the land or materials, the enhanced value of the balanco
of said land or materials by reason of the construction of
said road; and, if the latter is greater than the value of or
damage to the former, they shall so render their verdict, but. if
the owner sustains in their opinion more injury than ben fit
then they shall say by their award how much more, and
said award shall be dated and signed by the jurors making
it and delivered to the sheriff, who shall return the same
together with all the papers to the Probate Court within
five days thereafter, who shall receive and file the same in
his office, which said award shall have the effect of vesting
the absolute title to said land or materials in *aid company
upon the payment by said company into the bands of the
Judge of Probate the amount of money which the said
award may require to be paid ; and said Judge of Probate
is hereby declared to be responsible cn his official bond for
the faithful payment of said money to the party entitled to
it when the same is called for, and the Judge shall endorse
his receipt of said mon<?y on said proceedings, and index
the s me in the record of deeds in his office; said sheriff
and jurors and witnesses, and said Probate Judge, shall
receive from said company such fees as are allowed by
law fur similar services, and should said costs remain un¬
paid for a period of thirty days, the Judge of Probate is
required to issue execution in his name against said com¬
pany, together with said security for said costs, the items
of which must be specified on the execution.

Sec. 8. Be it further enacted, Thatcither party shall havo
the right to remove said cause by certiorari , alter said
award has been rendered and recorded as aforesaid to the
Circuit Court of the county, at any time within three
months after the same has been rendered, and a new
trial shall then be had on- the merits without any regard
to defeets in the proceedings before the sheriff, or in tho
Probate Court office, upon giving security for the costs of
the trial in the Circuit Court. If the company shall take
up said award in-addition to the bond lor costs as afore¬
said they shall give bond and security, to be‘approved
by the Judge of Probate, to pay the defendant all such
costs and damages as .may be rendered against the com¬
pany ia said Circuit Court, but this right of appeal must

185^60.

not bo construed to deprive the company of the fight of
proceeding with the work or construction of the road:

Provided, the company shall have paid the award into
the hands of the Judge of Probate ns aforesaid: and, in
case the company appeal?, has also given the bond and A mJ|
security aforesaid to pay all costs and damages which PP **
may be adjudged in the Circuit Court.

Sec. 9. Be it further enacted , That said company shall
not call in more than B8 1-B per cent, of the original
stock within any one year, and if the said installment j s
not paid at the time required, the company may give twenty
days’ notice of the fact by advertising in writing put at the
door of their office, and at the courthouse door of the coun¬
ty where the subscriber lives, and, also, that at the end of
the said twenty days they will proceed to sell said stock
to the highest bidder, said stock miiy be sold by the Presi¬
dent or any agent of the company duly authorized thereto
in writing, who shall give the purchaser a certificate of the
fact, which shall vest all the stockholders right in him, the
proceeds shall be credited on the claim of the company
against said stockholder and the overplus, if any, paid to
him. If there is a balance due the company, it shall have
the right to sue the stockholder in the usual manner.

Skc. 10. Be it farther enacted, That said company shall
have power to borrow money, and to that end may issue p0,rert * ;
bonds in such sums and payable at such times (with inter¬
est payable, every six or twelve mouths) as they may think
best; and they may give security by mortgage, or in any
other lawful manner, and, if in the construction of said
road, said company shall find it necessary to cross any pub¬
lic road, or occupy the bed or track of any public road, the
company shall be bound to make a sale and convenient
crossing for the public or an other as good road for the pub¬
lic, if the track of the road is occupied; and this company
shall be bound to receive all freights and passengers sent
over this road by other companies, at the same rate ot
charge which is made for freights or passage by this com¬
pany at its own depots: Provided , the company sending
said freight or passengers does the same by this company.

Skc. 11. Be it further enacted, That subscriptions to stock 8uhg#rtpltettte
may be made in money, or in labor, materials and provi- su***
sions, but no subscriber shall be liable for more than the
amount subscribed with its accruing interest.

Sec. 12. Be it further enacted, That said company shall
have power to unite With any other railroad company in jointu**.
Constructing a road for their joint use, for any portion of

Survey.

Privilege.

Right of y.

the way between the two points to be united* by the con¬
struction of this road on,such terms as the. company may
agree on, not inconsistent with the terms of their respec¬
tive charters, and the right to charter other roads to cross
the track of this road, or to unite with it is hereby
reserved.

Approved, December 9, 1859.

No. 189.] AN AC r

To authorize the Savannah, Griffin and North Alabama
' Railroad Company of the State of Georgia, to extend
their Railroad Jrom the Alabama line to some point on
the Alabama and Tennessee River ’Railroad; between
the town of Talladega, in the county of Talladega, and
the town of Jacksonville, in the county ol Calhoun.

Sec. 1. Be it enacted by the Senate, and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That from and after the passage of this act the Savannah,
Griffin and North Alabama Railroad Company of the State
of Georgia, shall be allowed the privilege of making every
necessary reeonnoisanee and survey for the purpose of ascer¬
taining the most eligible route for the extension of the con*
tempiated Savannah, Griffin and North Alabama Railroad,
from the Alabama line, to the town of iallauega, in the
county of Talladega, in said State, or some point on the
Alabama and Tennessee River Railroad between said town
of Talladega and the town of Jacksonville, in the county
of Calhoun, in said State.

Sec. 2. Be it farther enacted, That the said Savannah,
Griffin aud North Alabama Railroad Company shall have
the farther privilege of extending their railroad to the town
of De catur, Alabaina, if they see fit, on a route to be cho¬
sen by the said company, commencing at or near Gunters-

ville, in the State of Alabama.

Sec. 3; Be it farther enacted, That so soon as said route
shall be ascertained the said Savannah, Griffin and North
Alabama Railroad Company shall be allowed the right of
way oyer-said route to the said points specified in the first
section of this act; and, also, the right of way ovey the
route to the town of Decatur, as stated in the second sec¬
tion of this act, upon paying.the owner or owners, through
whose land $uclt route shall pass,* a fair and reasonable pom-

pensaiion for the damages done c% value of such strip or
strips of land as may be required by said cotnpany for the
budding of said railroad.

Sec. 4. lie it further enacted , That said company is here¬
by authorized to purchase, procure, receive and hold such
estate as may be necessary and convenient in accomplishing
the object of building and operating said railroad, and may
by their agents, surveyors, engineers and servants, enter
upon all lands and tenements, through which they may
deem it necessary to make said railroad, and to survey,
locate and contract for the right of way with the owners, Locate track,
ami in case they belong to the estate of a deceased person,
or a minor or minors, or person non compos mentis , then With
the executor, administrator or guardian of such minor or
non compos mentis , or in case said lands should be held by
trustees of school sections, or other trustees, then with such
trustees, and said executors, administrators, guardians and
trustees are hereby rendered competent for such estates, or
minors to contract with said company for the right to use ] ^fll t c , 0 t y pd
and possess the lands of such estates, so far as may be use¬
ful for purposes of said railroad, and their act and deed'
shall pass the title in said land in the same manner as if it
was made or done by a legal owner of full age, and if said
company, or parties representing said lands, prefer, they
mav refer the question of compensation to arbitrators mu
tually chosen, whose award, or that of their umpire in case
of disagreement, shall vest title according to its terms, and
in the event said company can’t agree with the owners of
lands or with the executor, administrator or guardian, the
Clerk of the Circuit Court whore the land lies, on the re- gherlff , 8 dnty>
quest of said company, is required to issue a writ of ad
quod damnum commanding the sheriff that, without delay,
he cause a jury of six good and lawful men to be upon
such land on a day fixed by- him, and of which it shall be
his duty to notify the owner, executor, administrator,guar-
dinn or trustee at least five days previously, if they be
within his county, or if not, or if the party is unknown,
the notice shall be given by advertisements, to be by said xotioe.
sheriff posted and fixed at three or more conspicuous places
at least five days before said appointed day, and by adver¬
tisements in some newspaper, published in this State, at
least three weeks prior to said day by weekly insertions,
and then cause the jury, after having been duly sw r ora bv
the sheriff or j ustice of the peace, to make true enquiries
Of damages that may be sustained by such owners of estates
by making iatdreaa < throughsaid lands. If any such juror

1859-60.

Width.

Bait,

Damages.

288

shall fail to appear or by reason of challenge for cause, or
otherwise fail to sit on said inquest, the sheriff may fill said
jury from the bystanders, and if the jury fail to .render a
verdict, the sheriff shall again, on the sameor a subsequent
day, empanel a new jury or jurors until a verdict be had,
such verdict regularly certified by said sheriff shall be
returned to the office of the Clerk of the Circuit Court of
the county in which the land lies, and there remain among
the records, and such verdict shall vest in the company the
right to occupy and use such lands for the purpose of said
railroad, on the payment or tender of payment of the dam¬
ages assessed against said company.

Sec. 5. Be it further enacted , f l hat the width of the strips
of land granted or sold to said company for the purpose of
building said railroad on, shall be at least one hundred feet
wide, and the said company shall also have the power to
purchase and hold any lands which they may require for
the use of their road m any wav, such as building depots,
freight houses, wood sheds, passenger depots, shops, <fce.,
and that the work of surveying, locating and constructing
said railroad shall in no wise be hindered, or delayed, on
account ol any dispute or suit against said company, which
at any time maybe instituted against them for damages
done, or likely to be done to any lands through which said
road may run, or may be likely to run, or for any other
cause whatever.

Sec. 6 . Be it fat (her enacted, That if any person shall
wilfully injure, or obstruct said railroad in any degree, lie
shall iorfeit and pay to the President and Directors of said
company three times the amount of damages they may sus¬
tain in consequence thereof, to be sued for and recovered in
the same manner as provided lor by law for individuals in
like eases, and, on complaint made to any magistrate, it
shall be the duty of said ina-istrate to bind the person or *
persons so offending with sufficient security for Ids or their
good behavior, for a period of not less than one year, and
he shall also be subject to an indictment, and may be, on
conviction, punished according to the Statute in such cases
provided.

Sec. 7. Beit farther enacted , That whenever it shall be
necevssary for the construction of the railway to intersect or
cross any stream, or any road, it shall he lawful for the
company to construct across or open the same, but the said
company shall restore the stream or road to its former state,
or in a sufficient manner not to impair its usefulness, and in
all cases where any road or public highway f so located

239 1859-’60.

i >i mm .illi hi . . .

tb.it the road cannot bejudiciously located across, or upon
the same, without intcrlerring therewith, in such case or
cases said corporation may by tbeir engineer cause such
roads to be changed in such manner as said railroad may change. *
be made on the best site of ground for that purpose: Pro -
vided, such road shall be put by said corporation in as good
repair as at the time of changing the same.

Sec. 8. Be it further enacted , That after tbe completion ToM&
of said road, or any part thereof, the President and Direc¬
tors may levy and collect tolls thereon from persons, prop¬
erty, merchandise and other commodities transported tliero-
,on : Provided, That said railroad shall be commenced within
two years in good faith, and be completed within seven
years from the passage of this act.

Sec. 9. Be it farther enacted , That the citizens of this
State shall not be forced to go to the State of GeorgiaFrccew.
for the purpose of instituting suits at law agdnst said
company, but it shall and may be lawful for such citizen or
citizens to commence suit against said company in the
county through which said road may pass by serving a copy
of the writ or process on the agent at the depot of said
company, in the county where the party wishing to com*
me nee suit lives, or by serving a copy of the writ, process
or complaint on any conductor, agent or officer in the
employment of said company.

Approved, February 8, 1860.

No. 190.] AN ACT

To Incorporate the Carrolton and Eutaw Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale of Alabama in General Assembly convened,

That Thomas S. Owen, Z tehariah L. Nabors, William G.

Mustin, Join) Crowell, John M. Sprowl, William Wallis,

Be? jarnin F. Wilson, S. F. Hale, with such other persons Body corp***t#t
as shall associate with them for (hat purpose, areconstiluted
a body politic and corporate, by the name of the Carrolton
and Eutaw Railroad Company, and by that name to sue and
l*e sued, plead and be impleaded, in any courts of this
Suite, to make and have a common eeal, and the same to
•alter at pleasure, and the company is hereby vested with
all powers, privileges and immunities which arc or may be
necessary to carry into effect the purposes and objects of

240

Carrollton.

WMW,

Joint stock.

Capita 1 , stock.

Open books.

this act hereinafter set forth, and said company is hereby
authorized and empowered to locate, construct and finally
complete a single, double or triple railroad or way from the
town of Carrolton, in Pickens county, Alabama, to the
town of Eutnw in Greene county, and also to the town of
Pickcnsviilo, and to transport property and persons upon
said railroad wav by the power of steam or animals or any
other mechanical or other power, or any combination of
them, which said company may choose to apply, and for
the purpose of constructing said railroad or wav, line said
company is hereby authorized to lay out their road, not
exceeding one hundred feet, wide through the whole hoig.hi,
and for the purpose of depots, cuttings and embankments-
and for the purpose of necessary turnouts and for obtaining
stone and gravel, may take as much more land as may be
necessary for the construction and security of said road,
with permission to purchase the stock, materials and right
of way, arid to make any lawful contract with any railroad
company in relation to the business of said company, and
also to make joint stock with any other railroad corporation :
Provided , that all damages that may be occasioned to any
person or eoporation by the taking of any such land or
materials aforesaid for the purposes aforesaid, shall bo paid
for by said corporation in manner hereinafter provided.

Sec. 2. And be it further enacted. That the capital stock
of said, company shall not exceed one million of dollars, to
be divided into shares of one hundred dollars each, widen
shares shall be deemed personal property and be transferred
in such manner and at such place, as the by-laws of said
company may direct: Provided , that said company may as
soon as shares to the amount of ten thousand dollars snail
have been subscribed, then survey and locate the roa 1, but
shall not commence the construction thereof until shares
to the amount of forty thousand dollars shall have b en
bona fide subscribed or an amount sufficient m the estimation
of the Dire tors to complete the road.

Sec. 3. Ami be it further enacted, That the persons named
in the first section of this act, or a majority of them, shall
open books to receive subscriptons to the capital stock of
said company, at such time and places as they or a majority
of them may appoint, and shall give such notice of tne
time and places of opening said books as they may deem
reasonable: Provided , the Directors may authorize any per*
son to receive subscriptions at any time or place.

Sec. 4. And be it further enacted, That the immediate gov-

shall

be vested in a Board of Directors seven in ntimber, who Boar4 of _
shall be chosen by the stockholders of said company in tor*, r
manner hereinafter provided, and shall hold office until
others are duly elected and qualified to take their places
as Directors, and the said Directors, four of whom, the
President being one, shall be a quorum for the transac- Qnorum.
tion of business; shall elect one of their number to be
President of said company, they shall also choose a Sec¬
retary and such other officers as they may deem neces¬
sary.

Sec o. And be it farther enacted , That the persons autohr-
ized by the third section of this act to open books for sub¬
scriptions to the capital stock of said company, are hereby
authorized, after the books of subscription are closed or jf^ r B * 0,5tock “
when the sums subscribed shall reach forty thousand dollars
to call a meeting of the stockholders of said company in
such manner and at such times and places as they may ap¬
point, for the choice of Directors of said company, and in
all meetings of the stockholders of said company each share
shall entitle the holder thereof to one vote, which vote may
be given by the stockholder in person or by lawful proxy,
and the annual meetings of stockholders of said company
for the choice of Directors shall be holden at such times
and places and upon such notice, as the said company in
their by-laws may publish.

Sec. 6 . And be it further enacted , That in case it shall
so happen, that an election of Directors shall not be
made on any appointed day by the by-laws of said company,
said company shall not for that cause be dissolved, but such ™ vacancies,
election may be holden on any day which shall be appoin¬
ted by the Directors of said company, and said Directors
shall have power to fill any vacancy which may occur by
death resignation or otherwise.

Sec. 7. And be it further enacted , That the Directors shall
have full power to make and provide such by-laws, rules By-uws.
and regulations, as they shall deem needful and proper
touching the disposition and management of the stock,
poperty, estate and effects of said company, not contrary
to this charter or the laws of this State and the laws of the Transfer share*.
United States, the transfer of shares, the duties and conduct
of their officers and servants touching the meeting and
election of Directors and all matters whatsoever which may
appertain to the concerns of said company, said company
is also hereby authorized to purchase, receive and hold,
such estate as may be necessary and convenient in accom-

1859-60.

Lay oot and con
struct road.

Executors and
administrators.

plishing the object for which this incorporation is granted,
and may by their agents, surveyors, engineers and servants,
enter upon all lands and tenements through which they
may deem it necessary to make said road, and to survey
and lay out and construct the same, and to agree and con¬
tract for the land or right of way with the owners through
which they may intend to make said road, in case said lands
belong to the estate of any deceased person, then with the
executor or administrator of such, or in case of the same
belonging to a minor or a person non compos mentis, then
with his or her guardian or guardians, or in case said lands
be held by the trustees of school funds or other trustees of
estates, then with such trustees, mortgagees dr cestui que
trust, and the said executors, administrators, guardians,
trustees, mortgagees and cestui que trust, are hereby declared
competent to contract with said company for the right to
use, occupy and possess the lands held by them respectively,
so fir as may be useful or necessary to the purpose of said
railroad, and the act and deed of such executors, adminis¬
trators, guardians, trustees, mortgagees and cestui que trust ,
shall pass the title in said lands in the same manner as if the
said deed or act was made or done by a legal owner of full
age, and such executor, administrator, guardian, trustee,
mortgagee or cestui que trust , shall account to those interes¬
ted for the amount paid him in pursuance of such agree¬
ment and compensation, and if the said company and parties
representing lands prefer, they may refer the question of
compensation to arbitrators, mutually chosen, whose award
or that of their umpire in cases of disagreement, shall vest
title according to its tenure.

Sec. 8. And be it further enacted, That if said company
cannot agree with the owner of the land through which
they desire the road to pass, or with the executor, adminis¬
trator, guardian, trustee, mortgagee or cestui que trust afore¬
said, it shall and may be lawful for the clerk of the Circuit
cierk of circuit Court of the county in which said lands may lie, on the
tourt * application of said company or its agents, and he is required

to issue a writ of ad quod damnum, commanding the Sheriff
that without delay, he cause a jury of seven good and law¬
ful rnen, none of whom shall be land owners or stockhol¬
ders in said company, to b'Q upon such land, on a day to be
by said Sheriff fixed and appointed, and whereof it shall
be his duty to give notice to the owner, executor, adminis¬
trator, guardian, trustee, mortgageeor cestui que trust, at least
five days before such day, if they be within his county,
and if not, or if the owner or owners be unknown, then

/Arbitrator*.

Sheriff.

248

1859-60.

notice shall be given by advertisement, to be by said Sheriff

posted and fixed at the dwelling house, if any such there notice.

be, or on a public and conspicuous part of said land, at least

live days before such appointed day, and also by advertis- AdTertUeroent ‘

ing the same, in some newspaper published nearest the land

at least two weeks, by weekly insertions prior to said day,

and then cause said jury after being duly sworn by said

Sheriff or Justice of the Peace, to make the inquest of the In <i u « st -

damages suffered by such owner or estate, by reason of

making said road through such land. If any such juror

shall fail to appear or by reason of challenge for cause or

otherwise fail to sit on said inquest, the Sheriff shall fill said

jury from the bystanders, and if they fail to render a verdict,

the Sheriff shall again, or on some subsequent day empan-

nel a new iurv until a verdict be had, such verdict and in- , ,

quest, regularly certified by the Sheriff, shall be returned

to the office of he clerk of the Circuit Court of the county

in which said lands may lie, and there remain among the

records: and the said inquest shall vest in said company

the right to occupy and use such land for the purpose 0 f' estr,ght *

said railroad, on the payment or tender of payment of the

damages therein assessed against said company, and in case

of persons absent or unknown as aforesaid, the placing of

the amount of said damages in the hands of the Judge of jjjg* of probate

the Probate Court of the county where such land may lie,

shall be deemed and taken as payment, and such judges

shall be liable on their bonds to make due payments of said

money so deposited, on demand thereof.

Sbc. 9. And he it further enacted, That it shall be the duty
of the Sheriff to appoint and hold said inquest within ten
days after the receipt of said writ of ad quod damnum, Ad quod damnum
except in cases of absence aforesaid, in which case thirty
days shall be allowed him, and five days in addition are
allowed him for every additional jury which he may have
under such writ, and for every default therein the said Penalty.
Sheriff shall be fined not less than ten dollars for non-at¬
tendance ; of all such fines as well as costs, the Circuit
Court of the county shall have jurisdiction. There shall
be allowed the following fees, to-wit: the clerk of the FeC3 .

Circuit Court, for every writ of ad quod damnum , seventy-
five cents; for receiving and filing inquest, seventy-five
cents; to the Sheriff for'giving notice, seventy-five cents,
besides printers’fees, not exceeding two dollars in each
case; for holding inquest, five dollars, and for summoning
witnesses seventy-five cents ; to jurors, seventy five cents
per diem, which fees are not allowed until a verdict be

1859-60

returned and filed, and shall be taxed in the bill of costs and
paid by said company : Provided , however , that before the
application for said writ the said company may tender to
Tender to owner. t ^ e sa *d owner or owners of any such land, a sum of money
by it deemed equivalent to the damages to be sustained,
and upon refusal to accept the sum tendered, and a verdict
for the same amount or a less sum, the cost shall be taxed
and paid by the owners of said land upon which inquest is
held.

Sec. 10. And he it further enacted , That whenever in the
construction of said road it may be necessary to cross or
Not to impede, intersect any established road or way, if shall be the duty
of said company, so to construct this railroad as not to im¬
pede the passage of such established road or way, and if it be
selected for said railroad over any navigable water course,
the same shall be made so as not to obstruct the navigation
of such water course.

Sec. 11. And he it further enacted } That the said company
cent for the purpose of making said railroad, or repairing or
acen &n s . c k an gj n g ft afterwards, shall have the same right of entry
on adjacent lands, and to cut, quarry, dig, take, and carry
away any stone, wood, gravel or other material which may
be necessary, as is before provided as to the right of way:
Provided , however, that in all cases the said company shall
make compensation to the owners, as is agreed on in the
manner thereupon provided for.

Depots. Sec. 12. And he it further enacted , That the said company

may agree and contract for land necessary for depots or other
purposes, or condemn the same in like manner, and by like
proceedings as hereinbefore provided for the lands on the
route of the road.

Sec. 13. And be it further enacted , That the said company
may eau 3 e any road or way to be changed or altered in the
same manner that said railroad or way be made on the
best site of ground for that purpose: Provided , that said
company shall put such road or way in as good condition
as at the time of altering or changing the same.

Sec. 14. And he it further enacted , That it shall be lawful
Regulate tolls, for the company hereby incorporated from time to time to
fix and regulate the toll and charge by them to be received
from transportation of persons or property on their rail road
or way aforesaid, hereby authorized to be constructed, erec¬
ted, built or used, or upon any part thereof.

Sec. 15. And he it further enacted, That If any person or
persons shall willfully do or cause to be done any act or
acts whatsoever, whereby any building, construction or

works of said company, or any engine, machine Or any
matter or thing appertaining to the same shall be stopped,
obstructed, impaired, weakened, injured or destroyed, the
person so offending, shall be guilty on indictment, of rnisde Peaalty>
meanor, and shall also forfeit and pay to the said company
double the amount of damages sustained by reason of such
offence or injury, to be recovered in the name of said com¬
pany with costs of suit, by action of debt.

Sec. Id. And be it further enacted , That the Directors of
said company shall require the payment of the sum or sums
subscribed to the capital stock of said company in the fol¬
lowing manner: ten per cent, on the whole amount sub¬
scribed, to be paid at such times as the Directors may order,
the balance to be divided into three equal annual install¬
ments, to be secured by three several notes of hand of the^ teUlaeilti>
respective stockholders, made payable to said company, and
in case any stockholder shall refuse to make payment of his
or her note at maturity, the stock of such stockholder may
be sold by the Directors of said company at public auction,
reasonable notice of such sale, having been lirst given, and
in ease the proceeds of the sale be not sufficient to pay the
note thus due, suit may be commenced on the note : Pro¬
vided, that if all the stock holden be not sold in pursuance Provided,
of the above provision, before all three of his or her notes
shall have been paid them, the Directors of said company
may commence suit upon said note or notes, as may be still
due and unpaid.

Sec. 17. And be it further enacted, That all lands, rights,
machines, vehicles, carriages, works and property of every
description, belonging to said company, and all prolits which
may accrue from the same, shall be vested in the respective
shareholders of said company, in proportion to their respec¬
tive shares.

Sec. 18. And be it further enacted, That the share of
stockholders in the road hereby incorporated, shall be liable
only the extent of the stock taken by them respectively,
but not beyond the amount of said stock, and in the event
any stockholder shall fail to pay his liability for and on DeHnqu’otstock*
account of stock, for more than ninety days, the Directors hokiers *
may, after five days notice to delinquent stockholder, or
after notice published for two consecutive weeks in some
newspaper near said road, declare his said stock forfeited, or
may sell the same as hereby provided for.

Approved, February 21, 1860.

&lo9-’60.

. . .. —.

No. 191J

r&46

AN ACT

To authorize the Town of Eutaw to take Stock in Bail-

roads*

Iatendant and
couneilmen.

Bonds.

Brorided.

Sinking fund.

P ovkled.

Sec. 1* Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
That the Intendant and Counoilmen of the town of Eutaw,
in Greene county, in the name of, and for, and in behalf
of said town of Eutaw, are hereby authorized to subscribe
for such an amount of capital stock as : they may think
proper, not to exceed in all the sum of fifty thousand dol¬
lars, in any railroad‘or railroads passing through or touch¬
ing the corporate limits of said town, and they are hereby
authorized to issue the bonds oi said town, in such sums,
and due at such times as they may think proper, and bear¬
ing a rate of interest not exceeding eight per cent., payable
semi-annually at such place as may be therein designated,
and either sell the same, and pay out the stock so sub¬
scribed for as above provided, or deliver the bonds over to
such railroad company or companies, in payment for the
stock so subscribed for: Provided , the same be received at
their par value.

Sec. 2. Be it further enacted , That to provide a fund
for the payment of the interest on said bonds as the same
accrues, and a sinking fund for the final payment of the
principal, at the maturity thereof, the Intendaut and
Couneilmen of said town are hereby authorized, and it is
made their duty to impose such a tax upon the real and
personal estate, within the limits of said town, as may be
necessary for that purpose: Provided , That the tax on per¬
sonal property shad not exceed one half the tax assessed
on real estate, nor shall the tax on the sales of goods, wares
and merchandise sold, exceed one half the tax on real

estate.

Sec. 3. Be it further enacted, That before the Intendant
and Couneilmen of said town shall be authorized to sub-
Qapj&aatock. scribe for capital stock in any railroad, or issue bonds to
pay for the same, as provided for in this act, they shall hold
an election and take the sense of the voters as to the road
or roads, to which the subscription shall be made,; and the
am punts respectively, and at such election all free white
males twenty-one years old, who have resided within the
corporate limits for twelve months next proceeding such
IawM*u d doei election, and paid all taxes and dues assessed against them
by the corporation, shall be entitled vote; teia days notice

247 . m&~w.

of such election $hall be giveti, and it shall be held at the
court house in said town, conducted by the Inteqdant and
Councilman, and governed by the same laws applicable to
other town elections, and the returns entered upon the
minutes of the corporation, and no subscription for stock
shall be made, or bonds issued under the provisions of this
act, unless the same be approved by two-thirds of the voters
voting at an election to be held as above prescribed : Pro - Vo4efi *
vided , That no irregularity in any such election shall vitiate
any subscription for stock made, or bonds issued under the
provisions of this act.

Approved, February 24, 1860.

No. 192.]

AN ACT

1 To Incorporate the Montgomery and Selma Railroad

Company.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convene
That Thomas H. Watts, J. H. Smith, W. C. Bibb, Charles
G. Gunter, Ben Ashley, Barton Stone, W. B. Hall, II. V.

Smith, J. D. McCall, Edmund Harrison, Archibald Tyson,

William May, with others, their associates for the purpose ***** corpora
are constituted a body politic and corporate, by the natne
of the Montgomery and Selma Railroad Company, and by
that name may sue and be sued, plead and be impleaded
in any court in this State, make and to have a common
seal and the same to break, alter, or renew at pleasure, and
the company is hereby invested with all the powers, privi¬
leges and immunities which are or may be required to
carry into effect the location, construction and completion
of a single, double or treble railroad, or way from Mont- *£$! *

gomery via Benton, Lowndes county, to Selma, or to some
convenient point on the Selma and Gulf road, in the
direction to Jackson, Mississippi, and to transport, take
and oarry on said road and branch, by the power of
stbam or such other power as to them may be proper to
apply; and for the purpose of constructing said road and
branch, the said company are hereby authorized to lay
them out not exceeding one hundrea feet wide through &•**•>**
the whole length, and for the purpose of depots, cutting,
bridges and embankments, atfd for the purpose of necessary
turnouts, and for obtaining ston#or? gravel r may 'iHte *s

1859-’6p.

Provided.

Capital stock.

Poorer to call
meeting.

Votes.

F01 vacancies.

Contracts.

Appoint officers,

much more land as otay be needed ifc the eo^sU^ction and
security of said road and branches* with permission to make
any lawful contract with any other railroad corporation in
relation to the interest of said company, and also to make
joint stock with any other railroad corporation : Provided ,
That all damages that may be occasioned to any person or
corporation by taking any land or material aforesaid, for
the aforesaid purpose, shall be paid by the said company
in manner hereinafter provided.

Sec. 2. Be it further enacted , That the capital stock of
s iid company shall be three million of dollars, or more if
required, to complete and fully equip said road and branches,
and to provide requisite shops and factories for the use of
said company, the same to be made up in shares of one
hundred dollars to the share.

Sec. 3. Be it further enacted\ That as soon as the sum of
one hundred thousand dollars shall have been subscribed,
the commissioners shall have power to call a general meet¬
ing of the subscribers at such time and place as they may
appoint, and at such meeting the said subscribers or a
majority of them in value shall elect ten Directors by ballot,
to manage the affairs of said company, and the commis¬
sioners aforesaid, or any three of them shall be judges of
said first election of Directors thus chosen, or a majority of
them, shall elect from among themselves a President of said
company, and allow him such compensation as they may
think: proper, and each stockholder shall, in the elections
of the company be entitled to one vote for every share
owned, and shall have power in writing to depute any
other person to vote and act for him or her by proxy.

Sec. 4. Be it fuither enacted , That said President and
Directors thus appointed, shall have power to fill vacancies
however occasioned iu jtheir own body, and to continue to
act until their successors shall have been appointed and
qualified to take their places, according to the rules that
may be established in the by*laws of the company.

Sec. 5. Beit further enacted , That said road or branch
must be commenced in five years by putting under con¬
tract the grading of not less than twenty miles of said road*
and that each must be completed in ^fifteen years, and that
upon completion, of any part the President and Directors
may levy apd collect tplls theneoo, from a)l persons, pro¬
perty, n^chandise and other commodities transported
thereon.

S$C. $.) Jfe if farther

Directors, , wjority

officers, engineers, agents andseivants whatsoever, as they
may deem necessary to carry on the business of said com¬
pany, and may dismiss them at pleasure, and a majority of
them may determine the compensation of all officers,
engineers and servants of said company, shall have power
to pass all by-laws which they may deem necessary and
proper for exercising all the powers vested in the company
lor carrying into effect the objects of this act: Provided ,
only, *That such by-laws shall not be contrary to the laws ofay-taw*,
this State or of the United States, and said President and
Directors are empowered to borrow money to carry into
effect the objects of this act, to issue certificates or other
evidences of such loan, and to pledge the property of said
company for the payment of the same with interest.

Sec. 7. Be it further enacted, That the said Pfosident
and Directors shall have power to require the stockholders
ol said company to pay such installments on their respec-*******
tive shares of stock in said company, and at such time as
they may think best to the interest of said company, and
upon the failure or refusal of any stockholder to pa> the
installments required on his or her stock, in pursuance of
any call made by said President and Directors as aforesaid,
said President and Directors may, upon giving thirty days NoUc «*
notice, proceed to 6ell at public sale the share or shares of
said stock owned by said defaulting stockholder, or such
part as they may think proper, to the highest bidder, and
if on the sale of the shares of said stock owned by said
defaulting stockholder, said stock should be sold for less
than the amount due upon installments, said stockholder
shall be liable to pay to the said company the deficiency in
manner and form hereinafter specified.

Sec. 8 . Be it further enacted, That upon the failure or
refusal of any stockholder to pay any installment called
for or demanded by the President and Directors of said^^^
company, or if upon sale of said shares as before specified, r#0fl
they shall be sold for less than the amount due upon in*
stallments as above mentioned, the President and Directors

on giving thirty days notice to said defaulting stockholder,
may proceed by their attorney to move the Circuit Court
of the county in which said stockholder may reside, for
judgment against the said stockholder for the amount called
for by the President and Directors of said company, oraa
the case may be, lor any deficiency that may occur in the
sale of said stockholder specified, and said court is hereby

authorised and

KxftCtttiOBB-

Bight of way.

Bxec*tort and
administrators.

Bonds.

of the court al which Mid motion is made, #blch judgment
so given shall be a Hen upon the real or personal property
of said stockholder, and execution shall issue as upon other
judgments, for the amount of said judgment and costs;
and all notices hereby required to be given to any default¬
ing stockholder, shall be issued by and in the name of the
Secretary of the Board of Directors, and served by the sheriff
of the county in which the stockholder may reside, and
shall be returned to the office of the clerk of the court as in
cases of common suits.

Sec. 9. Be it further enacted , That said company is
hereby authorized to purchase, receive and hold such
estate as may be necessary and convenient in accomplish¬
ing the object for which this incorporation is granted, and
may by their agents, surveyors, engineers and servants,
enter upon all lands and tenements through which they
may deem it necessary to make said road, and to survey,
locate and contract for the land or right of way with the
owners, through which they may intend to make said road.
In case said lands belong to the estate of any deceased per¬
son, then with the executor or administrator of such, or in
case of the same belonging to a minor or a person “non
compos mentis ,” then with his or her guardian or guardians,
or in case said lands shall be held by trustees of school sec¬
tions, or other trustees of estates, then with said trustees,
and the said executors, administrators, guardians and trus¬
tees are hereby declared competent for such estates or
minors to contract with said company for the right to use,
occupy and possess the lands of such estates, minors or
truatees, so far as may be useful or necessary for the pur¬
pose of said railroad, and the act and deed of such execu¬
tors, administrators, guardians, or trustees, in relation
thereto, shall pass the title in said land in the same manner
as if the deed or act was made or done by legal owners of
full age, and such executor, administrator, guardian or
trustee, shall account to those interested upon their respec¬
tive bonds, for the amount paid him or them, in pursuance
of such agreement and composition, and if the said Com¬
pany and parties representing lands prefer, they may refer
the question of compensation to arbitrators mutually chosen,
whose award, or that of their umpire, in case of disagree¬
ment, shall vest title according to ii» terms.

Sec. 10* JBe it further e^dxsted^ That if said company
cannot agree with the owner of the land through Which
they desire the road to pass, or with tie admin-

istmtor, trustee; which May lawful

for the clerk of f;he Giretdfe Court of - the county* in* which
said land lies, on the application of said company or its cir '

agents, and he is required to issue a writ of ad quod dam-
num , commanding the sheriff that without delay he cause
a jury of six good and lawful men to be upon such land
on a day to be appointed by said sheriff, fixed and appoint*
ed, and whereof it shall be his duty to give notice to the *
owner, executor, administrator, guardian, or trustee at least
five days before such day, if they be without bis county,
or if not, or the owner or owners be unknown, the notice
shall be given by advertisement, to be by said sheriff posted *****mMt»*k
and fixed at the dwelling house, if such there be, or on a
public or conspicuous place, at least five days before such
appointed day, and also by advertising the same in sortie
newspaper published nearest the land at least three w’eeks
by weekly insertion, prior to the said day, and then cause
said jury after being auly sworn by the sheriff or justice of
the peace, to make true inquest of the damage that will be
sustained by such owner or estate, by reason of making
said railroad through such land. If any such juror shall
fail to appear, or by reason of challenge for cause, or other*
wise fail to sit on said inquest, the said sheriff shall fill said Verdtok
jury from the bystanders, and if they fail to render a
verdict the said sheriff shall again on the same or subse¬
quent day empannel a new jury or jurors, until a verdict
be had, such verdict and inquest regularly Certified by
such sheriff* shall be returned to the office of the clerk of
the Circuit Court of the county in which said land may be,
and there remain among the records, and such verdict shall
vest in said company the right to occupy and use such la®d
for the purposes of said railroad, on the payment or tender
of payment of the damages thereon assesed against said
company; and in case of persons absent or unknown*as
aforesaid, the placing of the amount of such damages to
the credit of the owner in the hands of the Probate Judges
of the county in which said lands may lie, shall be deemed
and taken as payment, and such judges shall be liable on
their bonds to make due payment of said money on de¬

mand. .

Seo. 11. Be it further enacted, That the jurors trying
said case shall take the following oath, which ©atb * ka
sheriff ia hereby authorized to administer: You, and >
of you do 8wear (or affirm/as the case -may be f ) that
will well and truly try the ere now 1 3

to your decision between A. ©,

President and Directors of the

Forte of «*&.

1859-’60.

Award.

Locate road.

Penalty.

Compliant.

To cross other
roads.

252

#•

Bai 1 road Company, defendants, and that you trill take into
consideration the advantages and value which the. con¬
struction of the railroad may give to lands or other prop¬
erty, as well as the injury said lands or other property may
sustain by its construction through or near which it may
be constructed, but you will award to the owner not less
than the value of the real estate as such condemned for the
use of the road, so help you God.

Sec. 12. Be it further enacted, That the work of survey, ,
locating and constructing said railroad, shall in no wise be
hindered or delayed on account of the proceedings had as
aforesaid.

Sec. 13. Be it further enacted, That in case any person
shall willfully injure or obstruct the said railroad in any
degree, he shall forfeit and pay to the President and Direc¬
tors of said company, three times the amount of the damages
they may sustain in consequence thereof, to be sued for
and recovered in the same manner as provided for by law,
for individuals in like cases, and on complaint made to
anv magistrate, within whose jurisdiction such offense shall
be committed, it shall be the duty of such magistrate to
bind the person aforesaid, so offending with sufficient
security for his or their good behavior for a period not less
than one year, and such offender shall also be subject to
indictment, and shall be sustained at the discretion of the
court, to be imprisoned notles than three or more than six
months.

Sec. 14. Be it further enacted, That whereas it shall be
necessary for the construction of their railway to intersect
or cross any stream of water, or water course, or any road
or highway, it shall be lawful for said company to construct
across or upon the same, but the said company shall restore
the said stream or water course, or road, or highway thus
intersected to its former state, or in a sufficient manner not
to impair it usefulness, and in all cases where any road or
public highway is bo located, that said railroad cannot be
judiciously laid out and constructed across or upon the same
without interfering therewith, in such case or cases said
corporation may by their engineers, cause such roads to be
changed or altered in such manner that said railroad may
be made on the best site of ground for that purpose: Pro*
vided, such road shall be put by said corporation in as good
repair as at the time of changing or altering the same.

Appbovep* February 21, lb%Q.

No. 198.} AN ACT

To Incorporate the Western Railroad Company of the

State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of .the State of Alabama in General Assembly, convened)

That Charles T. Pollard, Henry C. Semple, John Whiting* **** ewpor * te '

William Knox, T. B* Bethea, Boling Hall, Daniel Pratt he,

and they are hereby appointed Commissioners to cause books

to be opened at sueh times and places, and by such person#

as they or a majority of them may select, for subscriptions

to the capital stock of the 44 Western Railroad Company of

Alabama.”

Sec. 2. Be it further enacted , That the Commissioner#
appointed in the foregoing section shall assemble in the city
of Montgomery on the first Monday in March, 1860, on
such day thereafter as a majority of them may agree upon,
and a majority being present, they shall appoint the timesOiwnb**#,
and places when and where said subscription books shall be
opened, and by whom they shall be opened, and they shall
determine the amount to be paid on each share*at the time
of subscribing, and they shall cause notice thereof to be
published in such newspapers as they may deem advisable
at least ten days before the day or days appointed for the
opening of said books, which said books shall be kept open
for twenty days or until the sum of one hundred thousand
dollars has been subscribed to the capital stock of said
company.

Sec. 3. Beit further enacted, That whenever the said Com¬
missioners shall find upon examination that the sum of one
hundred thousand dollars or more has been subscribed to
the capital stock of said company, then the said subscribers . ^ -took
and those whom they may at any time thereafter associate
with them, their successors and assigns, shall be, and they
are hereby created and made a body politic and corporate*
by the name and style of the 44 Western Railroad Company
of Alabama,” and by that name shall have perpetual sae*-
cession, and a common seal* with capacity to have, receive^
and enjoy, to them and their successors, property and eatate-
of whatever nature and quality, and the same to hold*
transfer and dispose of, so far as may be necessary amt
• proper to carry into effect the object of t tbfe charter^ whioK
is hereby declared to be the construction, use and
tenancy of a railroad from the city of Mcto^omery .t0:4h#
town of Selma* or to point hem? terro,- ib *#to

18S9-m 254

make a connection with the Alabama and Tennessee Rivers
Railroad, and the Alabama and Mississippi Rivers Railroad
which said connection shall only be made by and with the
consent of the company so connected with.

Sec. 4. Be it jurther enacted , That whenever upon ex¬
amination of said subscription books tbe sum of one hun¬
dred thousand dollars or more has been subscribed, the
Commissioners appointed in first section of this act, a ma-
General meeting, j ority of them being present, shall call a general meeting
of the subscribers at such time and place as they may ap¬
point, and at such meeting the said subscribers, or a major*
ity of them in value, shall elect seven Directors by ballot,
Election. to manage the affairs of said company for the ensuing year,
and the Commissioners aforesaid, or any three of them,
shall be judges of said first election of Directors, and the
Directors then chosen shall elect amongst themselves one of
their number to be President of said company, and shall
allow him such compensation as they may think proper,
and on all occasions whenever a vote of stockholders shall
be taken, each stockholder shall be allowed one vote for
vot«. every share of stock owned by him or her, and any stock¬

holder may depute any other person to vote for him or her,
as his or her proxy, by written authority.

Sec. 5. Be it further enacted , That in case it shall so
happen that an election of Directors shall not be made on
the day appointed by tbe by laws of said company, said
company shall not for that cause be dissolved, but such
Election be election may be holden on any other day, which shall be
days en ° n other appointed by the Directors of said company, and, if neces¬
sary, such meeting may be adjourned from day to day until
such election can be made, and said Directors shall have
power to fill any vacancy which may occur in their Board
by death, resignation or otherwise.

Sec. 6. Be it further enacted , That tbe Directors shall be
chosen annually by the stockholders of said company, and
Term of office, gjaall hold their office until their successors are elected, and
the Directors so elected shall elect their President from
among themselves.

Sec. 7. Be it further enacted , That tbe said President and
Appoint officer*. Directors may appoint all such officers, engineers, agents
and servants, and confer on them such power and authority
as they may deem necessary to carry on the business of
said company; they shall fix the compensation to be allowed
them, or give the authority to do so to the President of the
company, and may remove all such officers, engineers,
agents and servants at their pleasure, and they'shell have

1859-m

255

power to pass ell such by-laws, rules and regulations as
they may consider necessary for the good go verninent of a** 1 ***!
the corporation, its agents, officers and servants, and for
carrying into eifect the object of this act: Provided ,, only,
that such by-laws, rules and regulations shall not be con- Rale# *
trary to the laws of this State, or of the United States.

Sec. 8. Be it further enacted, That the said President and
Directors may open at such times and places as they may
select, books to receive additional subscriptions to the capi- A*iato«*i «a>-
tai stock of said company, upon such terms and conditions acriptioto *
as they may provide, which capital stock may be added to,
and increased from time to time, until it shall amount to
the sum of five millions of dollars.

Sec. 9. Be it further enacted , That the said President and
Directors shall have power to require the stockholders of PoWCT, *
said company to pay such installments, on their respective
shares of stock in said company, at such times as they may
think best for the interest of said company, and upon the ’

failure or refusal of any stockholder to pay the installments
required on his or her stock, in pursuance of any call made
by said President and Directors as aforesaid, said President
and Directors may, upon giving twenty days notice, pro- NoHct
ceed to sell at public auction the share or shares of said
stock owned by such defaulting stockholder, or such part
as they may think proper, to the highest bidder, and to
cause to be transferred on the books ot said company t ^ e Ttans 4 offtock
stock so sold to the purchaser, and if on sale of the shares
-of stock held by said defaulting stockholder, said stock
should be sold for less than the amount due upon the in¬
stallments which have been^called in, said stockholder shall
be liable to pay to said company the deficiency, in manner
and form hereinafter specified.

Sec. 10. Be it further enacted, That upon the failure or
refusal of any stockholder to pay any installments called s*ie of stock,
for by the President and Directors of said company, or
if upon sale of the stock held by said stockholder it
should be sold for less than the amount due upon the in¬
stallments called in, then the said President and Directors,
on giving twenty days notice to said.defaultmg stockholder,
may proceed by their attorney to move the Circuit Court of
the county, in which said Stockholder may reside, for judg¬
ment against the said stockholder for the amount called for 5

by said President and Directors of said company, or as th$
case may be, for any deficiency or balance that may be due
to said company on said installments so called for after the.
sale of any stock held in sa}d company by said defeuliing * tock ‘

Security.

Clerk circuit
court.

Locate md coo’
tract for land.

Right of way.

Sheriff.

Notice. 1 * :

Advertfoem&it.

stockholder, and laid t&aft is hereby atithdfus^i .iiiid em¬
powered and required to render judgment against such
defaulting stockholder at the term of the court at which
said motion is made, and all notices required to be given to
any defaulting stockholder shall be issued by, ana in the
name of the company, and signed by the Secretary of said
company, and said notice shall be served by the sheriff, or
other legal officer, of the county in which the stockholder
may reside, and said notice shall be executed and returned
by said officer to the office of the Clerk of the Court, as in
cases of common writs.

Sec. 11. Be it further enacted , That said company is here¬
by authorized to purchase, receive and hold such lands and
other property sis may be necessary and convenien t in accom¬
plishing the object for which this incorporation is granted,
and may by its agents, surveyors, engineeis and servants
enter upon all lands through which they may deem it
■ necessary to make said road, and to survey, locate and con¬
tract for land upon which to construct said road, and upon
which to erect their station houses, depots, workshops,
buildings and turnouts, and for such other uses and pur¬
poses as may be necessary for the operation of said road.

Sec. 12. Be it further enacted^ That if said company can¬
not agree with the owners of the land, through which they
desire the road to pass, or with any peraon having the
authority to sell or give the right of way, it shall and may
be lawful for the Clerk of the Circuit Court of the county
in which the said land lies, on the application of said com¬
pany or its agents, and he is hereby required to issue a writ
of ad quod damnum , commanding the sheriff that, without
delay, he cause a jury of seven good and lawful men to be
upon such lands, on a day -to be by tfm said sheriff fixed
and appointed, and whereof it shall be his duty to give no¬
tice to the owners, or if he or she be a minor or lunatic, to
his or her guardkan, at least five days before such day, if
they be within his county, or if not^ or if the owner or
owners be unknown non resident or absent from the State,
the notice shall be given by advertisement, to be by said
sheriff posted and fixed on some pubiic or conspicuous p ace
hr the neighborhood of said land, at least ten days before
the appointed day, and also by* advertisement of the
same in some newspaper published* nearest • the land, at
least three weeks by weekly insertions prior to said day,
and then # cause said jury, after being duljr sworn by the
sheriff of lhe peaoe, to make true inquest* iff, to t?

wiJJ be sustained by such owner o&pitate by

257 1859-’60.

——— i i- ■

reason of making said road through such land and by using
so much thereof as may be necessary therefor, not exceed¬
ing one buudred feet from the centre of said road on each
side, for the construction of said road, and not exceeding
fifteen acres at any one place for such station houses, depot
buildings and turnouts as may be necessary for the benefit
of sard company. If any juror shall fail to appear, or by
reason of chaliange for cause or otherwise, fail to sit on said
inquest, the said sheriff shall fill said jury as soon as prac¬
ticable, and if they fail to a render a verdict, the said sheriff verdict,
shall again, on the same or some subsequent day, empannel
a new jury or jurors until a verdict be had, such verdict
and inquest, regularly certified by said sheriff, shall be
returned to the office of the Clerk of the Circuit Court ofcierk anmit
the county in which said land may lie, and there remain 000 *-
amoDg the records, and such verdict shall vest in said com¬
pany the right to occupy and use such land, timbers, stone,
gravel, <fcc., for the purposes of said road, on the payment
or tender of payment of damages thereon assessed against Damages,
said company, and in cases of persons absent, non resident
or unknown as aforesaid, or upon the refusal of said person
to receive the amount, the placing of such damages to the
credit of the owner in the hands of the Probate Judge of Jadg»*r
the county, in which said lands may lie, shall be deemed
and taken as payment, and such Judges shall be liable on
their bonds to make due payment of said money on
demand.

Sec. 13. Be it further enacted , That the jurors trying
said cause shall take the following oath, which oath the
sheriff or his deputy acting in said case, is hereby author¬
ized to administer: You, and each of you, do swear (or formof ° ath *
alfirm as the case may be) that you will well and truly try
the case now pending and submitted to your decision* be¬
tween A B, complainant, and the Western Railroad Com¬
pany of Alabama, defendants, and that you will take into
consideration the advantages which the said owner will
derive from the increased value of his land, caused by the
construction of said road, as well as the injury and damage
which may be done to him by the use of the land, timber,
stone, &c., for the construction and purposes of said road-*- p
bo help you God: Provided , however , That in no case shall 0
the owner of the land- be brought in debt.

SfiC. 14. Be it further enw ted, That either party may
appeal to the next Circuit Court held after the assessment,
by application to the Clerk of the Court within thirty -days

1859-’60.

258

Inquest.

Judgment for
costs.

forfeiture.

Cross irater-
■course, Ac.

Bridges.

after such assessment, and upon giving security for the
prosecution of such appeal, and in case the appeal is taken
by the corporation for the judgment which may be ren¬
dered against it on the appeal.

Sec. 15. Be it farther enacted , That the trial of such
appeal shall be de novo , and if the corporation is the appel¬
lant and the damages assessed is equal to or greater than
found on the previous inquest, the appellant must pay the
costs, and the court may award damages, not exceeding ten
per cent, if of opinion that the appeal was taken for delay
merely.

Sec. 10. Be it farther enacted\ That in cose the appeal
is not taken by the corporation, and the appellant does not
recover more damages than were assessed to him in the pre¬
vious inquest, judgment for costs must be given against him.
In such appeals, when the judgment is against the appel¬
lant, execution may issue against his security.

Sec. 17. Be it further enacted , That the work of surveying,
locating and constructing said railroad, shall in no wise be
hindered or delayed on account of the proceedings had
under the provisions of the foregoing sections of this act.

Sec. 13. Be it farther enacted , That in case any .person
shall wilfully injure or obstruct said road, or delay the con¬
nection thereof, lie shall forfeit and pay to said company
three times the amount of the damages it may sustain in
consequence thereof, to be sued for and recovered in the
same manner as provided for by law for such individuals in
like cases, and on complaint made to any magistrate within
whose jurisdiction such offence shall be committed, it shall
be the duty of said magistrate to bind the person or per¬
sons so offending with sufficient security for his or their
good behavior, for a period not less than one year, and such
offender shall, in addition thereto, be subject to all the pen
allies now provided by law for such offences.

Sec. 19. Be it further enacted , That whenever it shall be
necessary for the construction of said railroad to intersect
or cross any stream of water, or water course, whether nav¬
igable or otherwise, it shall be lawful for said company to
construct across said stream bridges, which, if upon navi¬
gable streams^ shall be with draws of sufficient width to
admit of the safe passage of steam, or other vessels, navi-
cratino' said stream, or be built upon such plan as will allow
of the passage safely of such steam or other vessels by,
around or under such bridges, and provided that said com¬
pany shall at all times, day and night, keep proper watch-

259 1859*-’60.

men to avoid delay in tbe passage of such stream or other ’
vessels as may navigate said stream.

Sec. 20. Be it farther enacted , That if it shall be neces¬
sary for said company to continue their railroad across or
upon any public road or highway, or in case such public
road or highway is so located that said railroad cannot be
judiciously laid out and constructed across or upon the same
without interferring therewith in such ease, or cases, said chaD ^-
corporation may by their engineers, cause such roads or
highways to be changed or altered in such manner that Baid
railroad may be made on the best site of ground for that

E urpose: Provided\ That such road or highway shall be put Provided.

y said corporation in as good repair as it was at the time
of altering or changing the same.

Sec. 21. Be it further enacted , That said company may by
its President and Directors, by and with tbe consent of a Purchase Mont *
majority of the stockholders in value, contract for the pur-iwX*r dWe3t
chase of the Montgomery and West Point Railroad, and for
the Alabama and Mississippi Rivers Railroad, with all their
outfits and property of every kind and description, or for
either of them, so as to form the continuous line of railroad
contemplated and described by the acts of the Congress of
the United States, approved the fourth of September, eigh¬
teen hundred and forty-one, appropriating the Two Per
Cent. Fund of the State of Alabama and Mississippi, to-
wit: From a point on tbe Chattahoochee river, opposite
West Point, in the State of Georgia, across the State of
Alabama in the direction of Jackson, in the State of
Mississippi.

Sec. 22. Be it further enacted , That with a view to such
purchase, and in order that said railroad, or either of them
when purchased, may be incorporated into the Western
Railroad Company of Alabama, tbe President and Direc¬
tors of said Company may, upon such purchases being made,
by and with a consent of a majority of the stockholders inconsent of am-
value, surrender their charter to the Controller of Public jorit,r '
Accounts, and upon such notice being given, and a publi¬
cation of the same being made in some newspaper published
in the city of Montgomery for at least thirty days, the road,
or roads, thus purchased shall be incorporated with the
Western Railraod Company of Alabama, and be governed
by tbe provisions of this act in all respects, as if said road
or roads had been constructed under its provisions. The.
purchases herein provided for, or the surrender or tbe fran¬
chises, shall in no way affect the rights of the creditors of
the compariy, or companies, whose Jroiids may b£ putt&a^ed,

1659-60.

Sue for and re
cover.

Empowered.

Er;iTic1i road?.

Lc-rrow money.

Inverted with
power.

260

and their separate existence sball be cofctrnned as to all the
rights and remedies of creditors, and the President cf the
Company incorporated by this act, sball be held in law, a9
to service of process, as the President of the other company,
or companies whose roads, works and property may be pur¬
chased, and the said Western Railroad Company may f-uc
for and recover in its name all debts, dues and demands
from any debtor to said company whose roads and property
may be so purchased.

Sec. 23. Be it further enacUd t That if the President and
Directors of the said Western Railroad Company shall be
unable to purchase the said Montgomery and West Point
Railroad and the Alabama and Mississippi Rivers Railroad,
or either of them, or shall be unable to make a satisfactory
arrangement by which the said line of roads can be run in
close connection, so as to make a continuous line from
West Point across the State of Alabama, to the most eligi¬
ble point of connection, with the Southern Railroad of Mis
sissippi, then the said Western Railroad Company, incor¬
porated by this act, is hereby fally authorized and empow¬
ered, under the provisions of this chart r, to construct any
part or portion of the said line of railroads, through the
State of Alabama, from West Point, in the State of Geor¬
gia, in the direction of Jackson, in. the State of Mississippi,
and said Western Railroad Company is hereby authorized
under the provisions of this charter to construct branch
roads connecting with the main road, in any of the coun¬
ties through which their main road may run.

Sec. 24. Be it further enacted, That the President and
Directors of said company shall be, and they are hereby
authorized and empowered to borrow money to carry into
effect the object of this act, to issue bonds, notes, or any
other obligation, for the payment of the same in such form,
and payable at such time and places, and bearing such rate
of interest as they may prescribe, and the said President
and Directors are hereby invested with full power and
authority to mortgage their road property and the franchise
of said company, to secure the payment of the same by
deed of trust or otherwise, aod they have full power and
authority to negotiate, pledge, hypothecate, sell, or other¬
wise dispose of the promissory notes, bonds or other obli¬
gations of any person or persons, or of any corporation,
and, if necessary, to guarantee the payment of the same by
endorsement or otherwise. . .

SfJC. 25. Be it further enacted } That after the completion
of any part of said road, or the purchase of any road pro-

vided to be purchased by the provisions ©f £his act, th©
said Western Railroad Company may levy and collect fr>Ils ToI1? *
thereon from all persons, and for all property, merchandise
and other commodities transported thereon, and said com*
pany may contract for the transportation of the mail, and
(or the exclusive right to use their passenger trains for
expressing goods, wares, merchandise and money.

Sec. 26. Beit further enacted. That all the hands belong¬
ing to or employed by said company on their road, works
or engitus are hereby declared to be exempt from the per¬
formance of road duty in the several counties through
which said road may run.

Approved, February 23, 1860.

No. 194.] AN ACT

To enable the corporate authorities of the city of Mobile to
grant the privilege of constructing Railroads within the
corporate limits ol said city.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , converted,

That the corporate aut orities of the city of Mobile be, and
the same are hereby authorized to grant to any person or
persons, or association of persons, company or companies, r:?ms and priv;
the right and privilege of building and constructing on and lge "'
along any street or streets, or on any land belonging to
said city, and upon such terms and conditions as said
authorities may think proper and prescribe, a railway or rail¬
road, for the conveyance arid transportation of passengers
and merchandise in cars or carriages to be run and drawn
thereon: Provided , no motive power shall be permitted
upon such railways, other than that of draft animals, east
of Ann street, or any street running north and south be¬
tween Lipscomb and Virginia streets, in said city: A?id,
provided^ said grant shall not be for a longer period than
twenty years, and that at the expiration of snob time the
said corporate authorities may take such railway or rail¬
ways, with the rolling stock, equipments and appendages,
paying to the proprietors a reasonable price therefor, ao-
cbfding to the value of the same at the time it is so takeq ; ;
said price, in the event of a disagreement between the ©0^
porate authorities and such proprietors, to be, left io arV* .

traitors, indifferently chosen by the jpdrti.es, whose decision aor ’

Shelled, See.

Power*.

Tax. rate of.

Provided.

or that of ah umpire to be selected by said Arbitrators
should they disagree, shal Ibe final: Provided\ further , that
said corporate authorities shall not take such railway, its
stock, equipments and appendages, until they shall have
paid the price therefor.

Sec. 2. Be it further enacted , That all railways, and a
space of three feet on each side of the track of every rail¬
way constructed in the city of Mobile, shall always be kept
shelled, paved, or planked, at the expense of the company
or persons authorized to construct or work such railway,
under a penalty of five dollars for every day such duty is
neglected after warning given by the city engineer of
Mobile, or under his authority, that the same is not pro¬
perly attended to; said fines to be collected by the mayor
of Mobie in the same manner as fines for the violation of
the city ordinances are enforced and-collected under the
provisions of existing laws.

Sec. 3. Be it further enacted , That said corporate authori¬
ties of the city of Mob ie shall have power to prescribe
the width of each and every track of railway to be con¬
structed, and in what part of the street the same shall be
placed, where and in what places turnouts and sidings may
be placed, and to prescribe the form of rail to be used, and
generally to impose such terms and conditions as may be
necessary to secure the said tracks conforming to the grade
of the streets and the drainage of said city, and offering as
little obstruction as practicable to the passage of ordinary
carriages and other vehicles.

Sec. 4. Be it further enacted , That the said corporate
authorities of Mobile may impose and collect, as a tax,
from each company, person or. association, erecting any
railway under the authority, of this act, at the rate of one
dollar in every hundred dollars of the gross earnings of
such railway company; and for the purpose of collecting
the said tax, it shall be the duty of the tax collector of said
city, quarter-yearly to call and demand of the president or
secretary, or the financial officers of said railway company
or proprietors, statement under oath of the gross earnings
of said railway company, and at the same time collect the
amount so found to be due, as the tax aforesaid ; and the
tax hereby authorized to bre imposed and collected, shall
be in lieu and in full of all taxes and imposition^ of any
nature, in favor of said city of Mobile upon such railway,
equip merits, stock and appendages: Provided^ that the tax
herein authorized to be imposed and collected, shall, for
the first five years, be paid over to the trustees ot the

268

1869-m

medical college at Mobile, for the use and benefit of said
college.

Sec. 5. Be it further enacted , That any persons associa¬
ting themselves together for the purpose of obtaining; the
privileges provided in this act, shall file in the office of the
judge of probate of Mobile county, the articles of their
association, with the corporate title, the names of their Corportttetrt,ft *
officers, and the amount of their capital stock, and shall
thereupon be, and held a body politic and corporate, and
as such, may sue and be sued in any of the courts of this
State, may purchase, hold, possess and dispose of real and
personal property, and enact such by-laws, rules and regu¬
lations as they may deem necessary, not inconsistent with
the laws of this State or the ordinances of the city of
Mobile, and shall have and exercise all the powers, and be
subject to all the liabilities ‘incident to similar corpora¬
tions : Provided , however , that said corporation shall not
exercise banking privileges.

Approved, February 4, 1860.

No. 195.] AN ACT

To Incorporate the Mobile and Spring Hill Railroad

Company.

Seo.-1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That L. M. Wilson, David Stodder, W. T. Anderson, John
Johnson, T. S. Blount, T. 0. Dubose, James L. Irwin, T.

Dumont, T. J. Fettyplace, L. C. Hubbell, C. A. Brad¬
ford, O. Mazenge, A. Knapp, Wni. D. Dunn, Thomas T.

Butler, James Sanford, John S. Gliddon, Alex. Campbell,

M. R. Evans, Charles £. Vincent, Ed. George, John C..

Dawson, C. W. Dorrance, and such other persons as shall Bodycorpora **‘
associate with them for that purpose, and their successors,
are hereby constituted a body politic and corporate, by the
name and style of the “Mobile and Spring Hill Railroad
Company,” and all such persons as shall become stock¬
holders, and their successors, may and shall have continued
succession^ and by the name and style of the “Mobile and
Spring Hill Railroad Company,” shall be capable in
of suing*and being sued, pleading *aad being
answering and being answered uotq* defouding a^d being
defended,- in all courts %d plaee# ' whatsoever, in aU nmtH

264

1859-’80

Seal.

Empowered.

Mississippi State
Hb«.

Provided.

joist stock.

ner of actions, suits, complaints and causes whatsoever;
and they and their successors may have a common seal,
and may break, alter or change the same at pleasure; and
said company is hereby vested with all the privileges and
powers and immunities which are, or may be necessary to
effect the purposes of this act.

Sec. 2. Be it Jurther enacted , That said company is hereby
authorized and empowered to survey, locate, construct,
complete, alter, maintain and operate a railroad, with one
or more tracks or lines of rails, and with such sidings, turn¬
outs and switches as may be necessary to operate said rail¬
road safely, conveniently and successfully from the city of
Mobile, county of Mobile, to the Mississippi state line,
along the following routes, viz: starting from the east side
of Front street, on and along either St. Francis, St. Michael
or St. Louis streets, to the intersection of either o-f these
streets with the Spring Hill road; thence to follow the
Spring Hill road to a point at or near the foot of Spring
Hill; thence the most convenient route over the summit
of the hill to the Mississippi state line westwardly from
Spring Hill; also, to survey, locate, construct, complete,
alter, maintain and operate a branch road to Toulminville,
in Mobile county, starting from a point of the main line on
Spring-Hill road, and at or near the “Western Hotel”;
thence to follow the old St. Stephen’s road to its intersec¬
tion with the Stone street road at Toulminville; and to
use any such motive power upon both the main line and
branch road as said company may choose to apply:
Provided , that steam power shall not be used by said corn-
pan} 7 ’, within said city of Mobile, upon said railroad east of
Anne street, nor upon the said branch road to Toulmin-
ville. And said company is hereby authorized to trans¬
port, take and carry property and persons upon said roads;
to make any lawful contract with any person or persons or
corporation, in relation to the business of. said company ;
and also to make joint stock with any other railroad corpo¬
ration : Provided , that all damages that may be occasioned
to any person or corporation by the taking of any land, for
the laying of such roads westwardly from Broad street, shall
be paid for by said company in the manner hereinafter pro¬
vided: Pb'ovided , further , that said company shall so lay
its rails And track, within the corporate limits of the city of
Mobile, east of Anne street, as to conform to the grading of
the street as required by said city* and the roadway of its
track, and three feet on each side of said eastdf Anne
street, shaB fee shelled, paved pr jdatifced* and so kept at

m 1859-m

the expense of said company, and such bridges, cujverjif, BrWtfejlf
turnouts and crossings built and made as the city of Mobile
may direct, and such form of rail only be used within the
limits of said city as the engineer of said city may approve.

Sec. 3 Be it farther enacted , That the capital stock of
said comparfy shall be seventy thousand dollars, with the Caplt<J ****’
privilege of increasing the same to such amount as may be
necessary to carry into effect the objects and purposes of
this company, as indicated and authorized by this act, to
be divided into shares of one hundred dollars each, which °*** r
shares shall be deemed personal property, and may be
transferred in such manner and at such places as the by¬
laws of said company may direct: Provided.\ that said com¬
pany may commence the construction of said rpad with all
the powers and privileges contained in this act, whenever
the sum subscribed shall exceed twenty thousand dollars.

Sec. 4. Be it further enacted , That the board of direc¬
tors of said company shall have power to require the pay-p ayip6ll t 0 f «ai>-
ment of sums subscribed by stockholders in such manner»crii>tion,
and at such times as they may deem proper, and on failure
or refusal of any stockholder to pay any installment of
stock that may be due, then, and in that case, the Presi¬
dent and directors may, in tweDty days after demand of
said defaulting stockholder, proceed to sell at public sale, sale of stock,
the share or shares of stock owned by said stockholder, to
the highest bidder; and if, upon such sale, said stock does
not produce enough to pay said default, then the said com¬
pany is authorized to commence proceedings in any court
of competent jurisdiction, to recover the same by suit of
law.

Sec. 5. Be it further enacted. That the mayor and aider-
men and common council of the city of Mobile are duly jJ^ orandaIder '
authorized to grant said company the right of way through,
in and upon either of said streets of the city of Mobile,
and the commissioners of roads and revenue are hereby
authorized and required to grant the same, through in.and
upon any road or highway in the county of Mobile for the
construction of their track and the passage of their cars, and
for and in consideration of the privileges herein granted Privileges,
by the State of Alabama, the property of the company and
capital actually paid in snail at all times be liable to. the
same rates of taxation as the property pf individuals of
Alabama and county and city of Mobile, and shall he taxej& Twced
in no other way : Provided, further, that the corporate qitt-
tborjty of; the city of, Mobile fee, and they arp hereby-em*
red to uppo^e m) mpteX tax of one , <g$

1859 -’ 60 ;

Pre»ident and
secretary.

First five years.

First meeting.

Notice.

Powers.

General meeting.

2 m

hundred dollars of the gross earnings of said company, to
be collected by the tax collector of said city, whose duty
it shall be to demand quarter yearly of the President, Sec¬
retary, or other financial officer of said company statements
under oath of the gross earnings of such railway, and at
the same time to collect the tax then due thereon, and said
tax shall be in lull and in lieu of all taxation by said city
on such railway, its rolling stock, equipments and appen¬
dages and the tax so collected, shall be for the first five
years after said railwa} r goes into operation be paid over by
the city tax collector to the trustees of the medical college
at Mobile, for the use of said college.

Sec. 6 . Be it further enacted , That the persons named in
the first section of this act, or any three of*them, are
hereby authorized to call the first meeting of the stockhol¬
ders for the election of Directors at such time and place as
they may appoint,whenever the sum subscribed shall exceed
the suin of twenty thousand dollars; and the annual elec¬
tion of Directors shall be holden on the second Tuesday of
February, each and every year thereafter, and in case it so
happens that no election takes place on the day appointed,
said company shall not be deemed dissolved, but another
election shall be holden on any subsequent day which the
then existing Directors, or any five or more stockholders
representing at least three hundred and fifty shares of stock
may appoint, giving ten days notice of time and place for
such election in two newspapers printed in the city of
Mobile. In all meetings of the stockholders of said com¬
pany, each share of stock to entitle the holder or lawful
proxy to one vote, and in all elections for Directors the
persons receiving a plurality of votes to be considered duly
elected.

Sec. 7. Be it further enacted, That the corporate powers
of the company shall be exercised by seven (7) stockholders
to be elected Directors in the annual election above speci¬
fied, and the said Directors shall at their first meeting after
each election appoint one of their body President, who shall
be President of the company and hold office until his succes¬
sors be appointed and qualified, and in case of death, resig¬
nation, or removal from the State of a Director or the Presi¬
dent, his place shall be filled by the remaining Directors or
a majority of them, who shall hold office until the next
annual election.

Siic. 8. Beit further enacted, That a number not less than
five stockholders, representing at least two hundred and
fifty Chares, shall have power at any time fco cali a general

26T

1859-m

meeting of the'stockholders, as shall also a majority of the
Directors, for purposes relating to the business and interests
of the company, oy giving at least three weeks notice in
two of the newspapers published in the city of Mobile;
stating definitely the time and place at which such meeting
will be held.

Sec. 9. Be it further enacted. That the certificate of paid
shares shall be signed by the President and Secretary; that 0 ** 1110 * 1 * 8 '
quarterly statements of the affairs of the company shall
be made by the Board of Directors for the public inspection
of the stockholders, and that the profits of the company
shall be declared and divided semi-annually in January and
July, and at all elections for Directors three stockholders Elections,
appointed by the Board of Directors, shall preside as in¬
spectors, and if any stockholder so appointed, declines ot
fails to attend, the President to appoint others to fill such
vacancies ; notice of such annual election to be given twenty
days previously in two newspapers published in tbe city of

Mobile.

Sec. 10. Be it further enacted , That the Board of Directors
shall have the power to appoint such officers, clerks and°® cers ’
employees as shall be necessary to the building of said road
and for the conducting of the business of said company,
and to ordain such by-laws, rules and regulations as they
shall deem needful and proper touching the disposition and
management of the stock, property, estate and effects of
said company : Provided, such by-laws, rules and regula-Provided,
tions be not contrary to this charter or to the laws ot this
State, or of the United States ; and they shall fix the com¬
pensation of the President and of all officers, clerks and
employees of said company, take bond with approved
security, for the faithful performance of the duties and
trusts of said officers, clerks and employees, and if any of
them shall embezzle and without authority from the Presi¬
dent and Directors of said company appropriate any funds
or property of said company, or shall dispose of and con¬
vert the same to his or her own use, or the proceeds thereof
with interest to cheat and defraud said company, said officer. Penalty,
agent or servant of said company, shall be held and deemed
guilty of felony, and shall upon conviction thereof, be
sentenced to confinement in the Penitentiary of the State
for not less tan two, nor more than ten years; and said
bonds or bondsmen shall, be proceeded against at law for
the recovery of any deficiency- caused by tbe default of
such officer or employee. ! .

Sec. 11. Be it further enacted, That said company real Mtoie.

Minors. Ac.

Bond*.

Clerk of the cir
.cult court.

Jrn^y.

Notice.

Sheriff.

268

hereby authorized to purchase, receive and hold, any such
real and personal estate as may be necessary and convenient
in accomplishing the object for which this incorporation is
granted, and may by their engineers, employees and agents
enter upon all tenements and lands through Which they
may be necessary to build said road, and upon which to
erect its necessary appendages and structures, and to agree
and contract for such lands with the owners thereof, in ease
said lands belong to the estate of any deceased person, then
with the executor or administrator of such ; in case the
same belonging to minors or persons non compos mentis, then
with their guardians, or in ease the same be held by trustees,
then with them, and the act of such executor, administrator,
guardian or trustees in relation thereto, shall pass the title
in said lands in the same manner as if said deed or act was
made by a legal owner of full age, and such administrator,
executors, guardian or trustee, shall account to those inter¬
ested upon their respective bonds for the amount paid them
in pursuance of such agreement and composition, and if
said company and parties representing lands prefer, they
may refer the question to arbitrators mutually chosen, whose
award or that of their umpires in case of disagreement, shall
vest title according to its terms.

Sec. 12. Be it further enacted, That if said company can¬
not agree with the owner or administrator, executor, guar¬
dian or trustee of said land it shall be lawful for the clerk
of the Circuit Court of Mobile county, on application of
said company to issue a writ of ad quo t damnum, comman¬
ding the Sheriff to summons without delay, a jury of six
good and lawful men, to be upon said land on a day appoin¬
ted by the Sheriff, notice of such day to be given to said
owners, administrators, guardians or trustee, at least five
days previously if they be within the county or if not, or
if they be unknown, said notice to be posted by the Sheriff
upon such land in a public and conspicuous place, and also
to be inserted in some newspaper published in the city of
Mobile, for ai least three weeks, by weekly insertions, prior
to said day, then cause said jury after being duly sworn
by said Sheriff, to make true inquest of the damages sus¬
tained by such estate by reason of taking such land for the
use of said road; if a juror be absent, the Sheriff may fill
the jury fro pn the bystanders, and if they fail to render a
verdict, the Sheriff shall on the same or a subsequent day
empannel a new jury until a verdict be bad, wbiet*, after
being certified to by the Sheriff, shall be returned to the
office of the clerk of sajd Circuit Court, there :i -to r be filed

269

among the records, and shall vestin'S(^'do6!^fl^tl>^T^t fawtt ^ rWlt#
to occupy and use said land for the purposes of said rail road,
on the tender of payment or payment of the amount of
damages then assessed agaiDSt said company, and in case
the owners are absent or unknown, the depositing of the
amount of damages to their credit in the hands of the Judge
of Probate of Mobile county, «hall be deemed and taken as
payment, and such judge shall be liable on his bond to
make due payment of said money on demand*

Sec. 13. Be it further enacted , That it shall be the duty inquest,
of said Sheriff to appoint and hold such inquest within ten
days after receipt of said writ of ad quod damnum, except
in case of absence as aforesaid, in which case, thirty days
shall be allowed him, and five days additional are allowed
him for every additional jury which he may have under said
writ, and the fees for such services shall be those now
allowed by law in cases of ad quod damnum, and shall be
taxed in the bill of costs and paid by the company: Pro - pro1r * a * d *
vided , however , that before applying for said writ the com¬
pany may make a tender to the owner of a sum deemed
sufficient to cover the damages to be sustained, and upon a
refusal to accept the sum tendered and a verdict be had for Verdict *
the same amount or a less sum, the costs shall be taxed to
and paid by the owners of the land upon which the inquest
is held.

Sec. 14 Be it further enacted, That either party may Appeal,
appeal to the next Circuit Court within thirty days after the
assessment by application to the clerk of the Circuit Court
and giving security for the prosecution of such appeal} and
in case the same is taken by the corportiqn for the judgement
which may be rend red against it on appeal. .

Sec. 15. Be it further enacted, That the trial of such
appeal shall be de novo, and if the company is the appellant
and the damages assessed is equal to or greater than found
on the previous inquest, the appellant must pay the costs,
and the court may award damages not exceeding ten per
cent, if of opinion that the appeal was taken merely for
delay.

Sec. W. Beit further enacted, That in case the appeal
is not taken by the company, and the appellant does not
recover more damages than was assessed to him in the pre*D»m»#«*,
vious inquest, judgment for costs must be given against
him, in such appeals when fee judgment is against the ap¬
pellant, execution may issue apawst fee security, but‘fee
operations of said raiiroad company in locating, co&Stftjfct-

Pull power.

Branches.

Board of direc¬
tors.

Borrow money.

Indictment.

Penalty.

Three years.

ing, operating or other work thereon, shall in no wise be
delayed on account of the proceedings aforesaid.

Sec. 17. Beit further enacted , That the Directors shall
have full power to establish such rates of fare and tolls for
the conveyance of persons and property upon the railroad,
within as well as without the limits of the city of Mobile,
as they shall from time to time deem proper, and to levy
and collect the same for the use of said company; all mat*
ter and things respecting the use of said railroads and the
conveyance of passengers and property shall be in con lor*
mity to such rules and regulations as said Board oi Directors
shall from time to time determine.

Sec. 18. Be it further ■enacted , That for the purpose of
raising funds from time to time, for the construction of said
road and the repairs and extension thereof and its branches,
said company is hereby authorized to issue bonds in sums
bearing such rates of interest as may be deemed most ex¬
pedient by the Board of Directors, and they may dispose
of said bonds in such manner and at such rate as said Presi¬
dent and Directors may deem for the welfare and interest of
the company, and said company is also authorized and
empowered to mortgage their road and every kind and
species of property owned by them, for the pay ment of said
bonds, and said company is also authorized to borrow money
and deposit said bonds as collateral security, or they may
sell said bonds or make such disposition of them in further¬
ance of the purposes and objects for which this act is granted
as they shall deem most expedient.

Sec. 19. Be it further enacted , That if any person or
persons, shall willfully break, remove, destroy or injure
any part of said railroad, its cars, station houses or other
buildings or property of said company, or shall willfully
or maliciously obstruct or impede the passage on or over
the railroad or any part thereof, the person or persons so
offending shall be liable to indictment, and on conviction
shall be lined not less than one hundred, nor more than five
hundred dollars, at the discretion of the jury trying the
si me, and may also be imprisoned by the court in the
county jail, not more than six months, and shall moreover
be liable to answer said company in damages, to be sued for
in any court of competent jurisdiction.

Sec. 20. Be it farther enacted , That this company shall
commence the construction of the road within three years
from the date thereof, otherwise this charter shall be for*

271 1859^60.

Sec. 2\. Be it further enacted, That all the laws contra¬
vening the provisions of this act, are hereby repealed.

Approved, February 23, 1860.

No. 196.] AN ACT

To authorize the City of Selma to subscribe for Railroad

Stock.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stole of Alabama in General Assembly convened,

That the city of Selma in its corporate charter and capacity,
acting by and through its government, the City Council of
said city be, and it is hereby authorized and empowered to Empowered,
subscribe for the capital stock of such railroad company in
this State, chartered or to be chartered, as said City Council
may deem most advantageous to said city, on such terms
and conditions, not inconsistent with this act, as said City
Council may deem proper: Provided , That the railroad or
roads of such company or companies, shall lead from or to-
.ward said city, or be connected with some railroad leading
to said city; And provided, That the subscriptions be made
under authority of this act, shall not exceed in the whole,
the sum of three hundred thousand dollars.

Sec. 2. Beit further enacted; That the subscriptions which ^ ^

may be made under the authority of this act, shall b e condition,
with the stipulation and condition that the amounts of such
subscriptions, or the proceeds thereof, shall be appropriated
and expended exclusively for the procurement of iron, or
for bridges, or for machinery required for the construction
or equipment of the railroad or roads of the company or
companies, whose stock may be subscribed for.

Sec. 3. Be it further enacted , That to provide for the pay¬
ment- in whole, or in part, as said City Council may deem £ r e ° n ^; ,ie f<Mr pay ‘
proper, of the subscription or subscriptions which may be
made, as provided by this act, the saiu city in its corporate
character and capacity, acting by and through the said City
Council shall have power to issue bonds, not exceeding in
the whole, the amount of stock authorized by this act to
be subscribed for, to be in such form and with such condi¬
tions, and bearing such rate of interest payable annually, Rate of mtere ’*
and be executed in such manner as the said City Council
may prescribe.

Sec. 4. Be it further enacted, That to make provision

1859-m

Bonds.

Levy tax

Hate of, Ac.

Terms.

Pledged to the
?j«y aient.

for the payment of the subscriptions by this act authorized
to the extent that such payment may not be provided for
or made by the bonds of the city, authorized to be issued,
and provide for the payment of the bonds, which may be
issued as provided, principal and interest, the said city
acting by and through said City Council shall have power
to levy and collect on all property and other subjects of
taxation, within the corporate limits of said city, or on
such parts thereof, as said City Council may deem proper,
payable annually or semi-annually, as said City Council
may prescribe, such rate of taxation not exceeding the rate
of one per cent, per annum, on the value of the property
to be taxed, and not exceeding the rates of taxation on
other subjects of taxation allowed by the charter of said
city, as the said City Council may prescribe/which taxes
may bo levied and collected in such manner and under such
regulations as have been established or may be established
lawfully for the collection of taxes by and on behalf of said
city.

Sec. 5. Be it further enacted , That said city acting by
said City Council, shall have power, if deemed by said City
Council most advantageous to said ertv or its inhabitants,
to substitute a loan of the bonds of said city to such amount
as said council may deem best to the railroad company or
companies aforesaid, in the place of subscriptions to the
stock of said company or companies, and on such terms
and conditions as said City Council may prescribe: Provided ,
That the whole amount of subscriptions and loans, together
to be made under authority of this act. shall not exceed the
sum of three hundred thousand dollars.

Sec. 6. Be it further enacted , That the faith and credit of
said oity t and all the property, means and effects of the
same, shall be irrevocably pledged for the payment of all
subscriptions which may be made, and all bonds which
may be issued in accordance with the provisions of this
act, according to the terms and tenor of such subscriptions
and bonds, and no misapplication of said bonds or the pro¬
ceeds thereof, shall affect their validity in any way in the
hands of innocent ami bona fide holders.

Sec. 7. Be it further enacted , That the said city act:ng
by and through said City Council, shall have power to
pledge all the stock of any railroad company or companies
Which may be subscribed for under authority of this act,
in such form and manner as said City Council may deem
proper, as security for the bonds which may be issued, as
provided by this ajt, or such portion of said bonds as said

City Council may deem jioptfr, and with such conditions
as said City council may prescribe.

Sko. 8. Be it further enacted, That all dividends tfhfoh
may be received by said city on the stock of any railroad i> ivi<IentU ,
company, which may be subscribed for under the provisions
of this act, shall be, and the same are by this act setuftpart
exclusively for the payment of the interest and principal
of the bonds which may be issued under the provisions
of this act and so much as may not be required for tfite
payment of interest on said bonds, shall be faithfully pre¬
served and set apart as a sinking fund, for the payment of
the principal of the bonds, to be invested in such good* teki,i ^^
interest, bearing securities as the said City Council may
deem best, when the same cannot be used in the payment
of said bonds: Provided, that this section shall be subject
to the provisions of the next preceeding section.

Skc. 9. Be it further enacted , That in all cases where
taxes shall be collected for the payment of subscriptions to
the stock authorized to be subscribed for under the pro¬
visions of this act, or to pay any bond or bonds which may
be issued as provided in this act, the City Council shall
require the clerk of the city to keep a proper account
thereof, and to issue to the tax payers paying taxes, for thecierk to**? «
payment of such subscriptions or bonds, proper certificates c<muUit
of such payment of taxes, to be prescribed by the said
City Council, and whenever any person or persons shall
present to said council an amount of such certificates equiv¬
alent to one or more shares of the stock of the company*
whose stock may have been *paid for by such taxes, or T * xe ®'
which may have received the benefit of the bond or bonds
which may be paid off by said taxes, and whose stock may
be held and owned by said city, it shall be the duty of the
City Council to cause to be delivered to the person or poi¬
sons presenting such certificates an equivalent amount of
the stock of such railroad company.

Approved, December 17,1859.

1859-m 2ST4

No* 197.] AN ACT

To Incorporate the Mountain Railroad Contracting

Company*

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened.
That John R. Mason, Jno. R. Harris, Jim Henry Malone,
J. Haywood, James William Richardson, A. C. Cain, Wm.
T. Allen, J. W. S. Dannell, B. W. Maclin, with others,
Body corporate, their associates, and such as they may associate with them
for the purpose, are hereby constituted a body politic and
corporate, by the name of the Mountain Railroad Contract¬
ing Company, and by that name shall be capable in law of
purchasing, holding, leasing, selling and conveying real,
personal and mixed property, and by that name may sue
and be sued, plead and be impleaded in any court in this
State and elsewhere, to make and have a common seal, and
the same to break, alter or renew at pleasure, and the com¬
pany is hereby vested with all the rights, powers, authority,
privileges and immunities which are or may be required,
or necessary to contract with and to carry into effect anv
and all contracts or agreements which said Mountain Rail¬
road Contracting Company, may or shall make to and with
the Tennessee and Alabama Railroad Company for the
■Sm ° r d0UbIe location, construction and completion of a single or double
railroad or way, together with all the rolling stock or
equipment thereof of that portion of the line of the said
Tennessesse and Alabama Central Railroad, extending
from the town of Decatur, in Morgan county, Alabama,
crossing the North-Eastern and South-West railroad, at or
near Ely ton, to that point, where said line of railroad shall
intersect or touch the Alabama and Tennessee Rivers rail¬
road, at or near Montevallo, in the county of Shelby, State
of Alabama.

Sec. 2. Be it farther enacted , That as soon as the labor
or service of two hundred or piore negroes, one hundred
Negroes, mutes, mu | es ^ one k un( j rec i carts, with the necessary tools and out¬
fit, or their equivalent in money shall have been subscribed
by good and solvent men, upon the stock books of said
Mountain Railroad Contracting Company, any three of the
corporators herein shall call a meeting of the stockholders
Notice. a t gllc k time and place as they may appoint,, by giving
thirty days notice in some public newspaper; at such meet¬
ing said stockholders ora majority of them in value, shall
elect not less than five nor more than nine Directors by

r, and 1

ballot, to of haid^coi

porators aforesaid, or any three of theriihdhbh
said first election, and on all

stockholders is necessary to be taken, each stockholder
shall be allowed one vote for each share of twenty-five
dollars, owned by him, and any stockholder may depute Proxy,
any other person in writing to vote and act for him as big
proxy. Tne Directors chosen shall elect among themsely^p
a President and such other officers, agents and servant^
and to pay such President, officers, agents and servants
such salaries as they may think proper or the interest of
ihe company may demand.

Sec. 3. Be it further enacted, That the President and
Directors shall be chosen annually by the stockholders in Tmaoct *
said company, and if any vacancy shall ocehr by death*
resignation or otherwise of any President or Director W
fore the year for which they have been elected shall have
expired, such vacancy sballjbe filled bv the President ami
Directors, or a majority of them, and they shall hold their
offices until their successors are elected. The Directors
shall have power to remove the President or any officer, 0fflcea>
agent or servant at pleasure, shall call a meeting of the
stockholders annually, and as often as they may think
proper, giving thirty days notice of the time and place of
each meeting; at the annual meeting, the President arid
Directors shall make a report of the condition of the com*

pany.

Sec. 4. Be it further enacted , That full power and au¬
thority is hereby given to the stockholders and President Po * er *’
and Directors to pass all such rules, ordinances and bylaws
* for their government in their respective capacities, as. tp
them may seem proper, and generally to do all things
necessary to carry mto effect the objects of this act.

Sec 5. Be it further enacted. That the capital stock of
said company shall be at least one hundred^ thousand dol¬
lars, which may be subscribed for and paid in the .laborer e ^ m
service of negroes, or in mubs, carts or other tools rieofs-
sary for the preparation of a road bed, as each sabapmbr
may designate in his subscription, and each and
stockholder in said company shafi at the time he subscribes
specify the amount of his subscription in dollars and dents,
and also the manner in which the same is to be paid,
whether in labor, mubs, carts, tools or money, and jdrip’
be bound to pay the company in the- mrinner specified, arid
dvery stockholder shall be liable for the debts of the'corn-

pany to the amotrnt of his stock, and bouid to pay the
same in money tfpon a proper proceeding at ihe instance
of a creditor of the company.

Approved, February 28, 1860.

No. 198.1 AN ACT

To revive An Act to Incorporate the Eagle Railroad and

Lumber Company, approved the 17th of December,

1836, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Rejrresent-
atives of the State of Alabama in General Assembly , convened.
That the act above referred to, be, and the same is hereby
revived and re-enacted, so far as to authorize and empower
Colin J. McRae, James H. Daughdrell, Ulysses T. uleve-
land, Antonie Phillippe, U. A. Barlow, Sterling Thrower,
Jacob Baptiste, Caleb Price, C. F. Moulton, and Henry
Chamberlain, instead of the persons named in the second
section of the act above referred to, to act as commissioners
in the same manner, and to the same extent as the said
persons in the said second section named, were authorized
and empowered to do, and that the stockholders who shall
subscribe according to the provisions of said act for stock
in said company, shall have conferred upon them as a body
Corporate, all and singular the rights, powers, privileges
and immunities, that were by the said act of the 17th De¬
cember, 1836, conferred or intended to be conferred upon
the person who might become stockholders in the said
Eagle Railroad ana Lumber Company, according to the
provisions of said act, and that the said act shall be revived
and continued in force as aforesaid, in the same manner
and with the same powers, rights and privileges, and render
the same restrictions and limitations as are contained in the
said act of December 17tb, 1836, which act is hereby re¬
vived and fully re-enacted from and hfter the passage of
ibis act.

Approved, January 28, 1860.

277 1^0-m

No. 199.] AN ACT " ; ? ^

To Incorporate tbe theJHuntsville and Big Cove Turnpike

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,

That Septimus D. Cabuness, Joshua H. Beadle, James H.

Mastin, William Fleming, David C. Humphreys, William
Wright, Isaac D. Warm, Thomas C. Owen, Mills Jenkins,

Albert R. Erskine, John T. Haden, Thomas S. McCaltey, Body corp orate.
William Echols, James H. Scruggs and Egbert J. Jones, or
such of them as may accept this charter, with such other
persons as may associate with them to carry out the pur¬
poses of this charter, and their successor be, and they are
hereby constituted a body politic and corporate, by the
name of the Huntsville and Big Cove Turnpike Company,
and by that name may sue and be sued, plead and be im¬
pleaded in any court of the State of Alabama having jurist
diction of the matter or amount in controversy; and may
make and have a common seal, and the same break, alter
or renew at pleasure. •

Sec 2. Be it farther enacted , That said company is here¬
by authorized and empowered to survey, locate aod com
struct, and finally complete, a turnpike road from the cor¬
porate limits of the town of Huntsville, in Madison county, Empowered,
to any convenient point in the Big Cove, at or near its head.

Said road shall be constructed on the site of the road now;
in use, so far as practicable and convenient, but may deviate
therefrom for tlu purpose of straightening the track or
acquiring a more easy grade; the said road shall be laid
out thirty feet wide, fifteen of which, at least, shall be bed¬
ded with stone or gravel, well compacted and of sufficient
depth to secure a firm foundation ; it shall be faced with
stone or gravel in such manner as to secure a firm and even
surface, rising in the middle by a gradual arch, to be pro¬
tected on the sides by ditches so constructed as to permit, Brid s es ’ &c
when practicable, carriages to turn off said road. All cul¬
verts and bridges shall be so constructed as to be safe; and
when necessary or proper the bridges shall be protected by
railings on the sides.

Sec. 3. Be it furtJur enacted, That the corporators afore¬
said, or any or either of them, may, any time within twelve
months from the passage of this act, open books for the
subscription of stock in said company, of the time and 0penbo . ok *-
place of which thirty days notice shall be given by adver-

278

1859-60.

Capital stock.

Call a meeting.

Election.

Books open.

Power to make

Sontracts.

By-Itwa, &c .

tisement in one or more newspapers printed in said town ;
the said books shall remain open for the space of thirty
days, and the stock shall be subSbribed for in shares of
twenty-five dollars each.

Sec. 4. Be it further enqcied , That the capital stock of the
said company shall not exceed the sum of fifty thousand
dollars.

Sec. 5. Be it further enacted, That on the expiration of
the thirty days aforesaid, or within one year thereafter, any
or either of the corporators aforesaid, or any one or more
of the subscribers for stock in said company, may call a
meeting of the said subscribers in the town of Huntsville,
of which meeting twenty days notice shall be givennn one
or more newspapers printed in said town ; at which meet¬
ing the subscribers, or a majority of them present, shall
elect nine Directors, being stockholders, who shall elect one
of their own body President of the company, and the Pres¬
ident and Directors thus chosen shall remain in office one
year and until their successors are duly elected.

Sec. 6 . Be it further enacted , That the President and
Directors, those chosen, and their successors, shall have
power to continue the books open, or to re open them if
closed, for the subscription of stock, and to receive sub¬
scriptions for the residue of the stock, if all shall not have
been taken, and to close them whenever they may think
best.

Sec. 7. Be it further enacted, That the said President
and Directors shall have full power to make contracts with
any person or persons for the surveying, laying off and con¬
structing said roads, and for performing such other work
thereon as they may deem necessary or proper ; to appoint
by election or otherwise all such officers, engineers, agents
and servants as they may deem necessary or proper to
carry on the business of the company, and may change or
dismiss them at pleasure, to determine the compensation of
all such officers, engineers, agents and servants; to borrow
money to carry into effect the objects of this charter, and
to pledge the company or its property for its repayment,
by any parol or written contract sufficient under the gene¬
ral laws of the land ; to pass all by-laws and make all reg¬
ulations which they may deem necessary and proper for
carrying into effect the powers herein granted, not incon¬
sistent with the constitution and laws of the State, and gen¬
erally the said company is hereby invested with all the
powers, privileges and franchises which are or may be
necessary and proper to the carrying out of the purposes of

this charter, to be exercised bj and through the s^ud Pres¬
ident and Directors. \

Sec. 8. Be it further enacted, That a majority of the
President and Directors shall be a quorum to transact bust- Qttornn ^
ness; they shall set and regulate the time for the annual
elections, and shall fill all intermediate vacancies in their
own body. The President and Directors shall have power
upon all emergencies, or whenever they may think it advi¬
sable to call a general meeting of the stockholders, giving
thirty days notice of the time and place thereof in |ome
newspaper printed in the town of Huntsville; and it shall
be their duty to call such meeting in the manner aforesaid,
whenever any ten of the stockholders may require it, not
oftener than once in each year.

Sec. 9. Be it further enacted , That the President and Di¬
rectors may require, from time to time, of the subscri¬
bers, such advances on their respective shares as in their
opinion the wants of the company may demand, until the
whole subscription shall be paid: Provided , That not more
than ten per centum on the amount subscribed shall be P
called for in any one period of thirty days, of which
several calls twenty days notice shall be given in some
newspaper printed in the said town of Huntsville; and
if any subscriber shall fail or refuse to pay any sum or
sums called for as aforesaid, within the time required by
said call or calls, it shall be lawful for the President and
Directors to cause a suit to be instituted for the reco v-gn& to be fasti-
ery of the same in any court having jurisdiction of the tuted *
amount, or to cause the said stock to be sold at public
auction in the town of Huntsville, at the court-house door,
on the first Monday of any month after twenty days no¬
tice thereof in any newspaper printed in said town, and
convey to the purchaser the share or shares of such sub¬
scriber thus failing or refusing to pay, and after retaining
the sum due, with costs of sale, to pay over the surplus
to the former owner; and if such sale shall not produce
the sum or sums remaining unpaid upon the original
subscription, it shall be lawful for the company to recover
the balance of the original proprietor, in any court having bum*.
jurisdiction of the amount, and all persons purchasing under
the sale of the President and Directors as aforesaid, shall
succeed to all the rights, privileges and immunities, and be
subject to all the penalties, restrictions and liabilities of the
original proprietor.

Sec. 10. Be it further enacted , That whenever a subscri¬
ber has paid his subscription in full, he shall be entitled to

1859-60.

Certificate of
stock.

Transfers,

a certificate of stock, stating the number of shares held bj
him, which certificate shall be transferrabie by deed, or in
such other manner as the company may prescribe ; and all
transfers of stock shall be recorded in a book to be kept by,
the company for that purpose, and the old certificate shall
be surrendered and a new one issued to the purchaser,
which shall, to all intents and purposes, constitute him a
member of said company, and no transfer shall be consid¬
ered complete and effective until the parties have complied
with the regulations of the company in reference to trans¬
fers, and have surrendered the old certificate as aforesaid.

Sec. 11. Be it further enacted , That at all elections by
the stockholders, in counting votes, each member shall be
allowed one vote for each share up to twenty shares, and
one vote for every five shares above twenty held by him at
the time of election.

Sec. 12. Be it further enacted , That in all stockholders’
meetings a majority of stock at least must be represented
Majority r«pre-i n the persons of the stockholders, or by proxies, and upon
all questions, except elections, each share shall entitle the
holder to one vote. The stockholders shall have power to
exercise a supervising and directing control over the action
of the President and Directors, who shall annually report
to the stockholders the condition of the company: Provided ,
there should be a stockholders’ meeting called.

Sec. 13. Be it further enacted , That the President and
journal of pro-Directors shall cause a journal of all the proceedings had
and motions made at each meeting to be regularly kept,
and each Director shall be at liberty to call for the yeas and
nays upon any question. There shall also be a complete
journal kept of the proceedings of each meeting ot the
stockholders; and any two stockholders shall have the
power to require the vote upon any question to be taken
by stock.

Sec. 14. Be it further enacted , That as soon as the road
shall have been completed from the corporate limits of the
town of Huntsville, or from a connection with the road of
the Madison Turnpike Company, to the head of the Big
,ttdge Cove, the President and Directors shall give notice to the
Judge of the Probate Court of the said county of Madison,
who shall thereupon appoint three discreet freeholders, not
interested in said road, to view£he same and report to him
in writing whether said road is * completed according to the
requisitions of this charter; and if they or a majority of
them report in the affirmative, it shall be the duty of the
said Judge of Probate to issue a license to said company to

ceedinga.

Notice to
of probate.

Licone.

281 lg5&-’60.

erect toll gates and collect tolls os hereinafter specified;
and it shall be the duty of the said Judge to appoint annu*
ally three inspectors of said road, whose duty it shall be,
upon the complaint of any two freeholders in writing, that Iu8pectors
said road is out of repair, to inspect the same, and if they
find the complaint to be just, they shall give notice in wri¬
ting of such defects, to the toll gatherer, or may order the
gates to be opened at their discretion : Provided , That no
such order shall be made without five days previous notice
of such order, nor unless at the end of that time the road
shall not be repaired.

Sec. 15. Be it further' enacted^ That whenever said inspec*^^ 10
tors shall order the gates to be opened no toll shall be col¬
lected, nor shall the gates be closed until a certificate be
granted by the inspectors, or a majority of them, that the
road is repaired.

Sec. 16. Be it further enacted , That if the keeper of any
gate ordered to be thrown open, shall not immediately obey
such order, or shall not keep the same open until a certifi¬
cate be granted permitting it to be closed, or shall hinder Gate keeper,
and delay any one in passing, or shall.at any lime take
more toll than is allowed by law, the said company, for
each and every such offence, shall forfeit and pay to the
party aggrieved the sum of ten dollars to be recovered with penalty,
costs of suit before any competent tribunal.

Sec. 17. Be it further enacted , That if any one shall for¬
cibly or fraudulently pass any turnpike gate, or shall dig up
or spoil said road, he, she or they committing such offence, Damages .
shall be subject to a penalty of ten dollars, in addition to
the damages resulting from such wrongful act, which pen¬
alty shall be recoverable by said company, before any jus¬
tice of the peace in the county of Madison, or before any
other competent tribunal.

Sec. 18. Be it further enacted , That the said compay may 0negflte
cause one gate to be placed upon said road at any point the
President and Directors may think best, not within one mile
of the corporate limits of the said town of Huntsville, or
thev may cause two gates to be erected, the one towards
one end of the road and the other towards the other: Pro *
vided, That but one toll shall be charged for passing over
the entire road or any part of it; And , provided , That in
case two gates are established, one-half the toll may be
required to be paid at one gate and the other half at the ToU ’
other, or the entire toll may be required at one gate and a
receipt, ticket or check furnished to pass the other free;
and the altering or counterfeiting of any such receipt, ticket

1859 - 60 ,

Hate of tolls.

Safe and proper.

Justice of the
peace.

Time within
which to or¬
ganize.

282

or check shall subject the offender to all the penalties of
forgery.

Sec. 19. Be it further enacted , That the tolls for passing
over said road shall not exceed the following rates: For
every twenty head of hogs or sheep, twenty cents; for
every twenty head of horned cattle, forty cents; for every
horse, mule, or ass, not employed under the saddle, or in
gear or harness, five cents; and so in proportion for any
greater or less number of the above named animals; for
every four-wheeled pleasure carriage, forty cents; for every
two-wheeled pleasure carriage, twenty cents; for every
loaded wagon, forty cents; for every empty wagon, twenty
cents; for every man and horse, fifteen cents; for every
loaded cart, twenty cents; for every empty cart, ten cents;
for every mail coach or stage, forty cents: Provided That
no toll shall be charged or required for a man and horse in
cases in which the man is a resident of said county, and
may be going to or returning from any court, muster, g *n*
eral election, or to attend the services of any church. The
tolls of said road, after the same has been entirely comple¬
ted and properly repaired, or so much thereof as the Pres¬
ident and Directors shall deem safe and proper, shall be dis¬
tributed in semi-annual dividends amoug the stockholders
in proportion to their stock.

Sec. 20. Be it further enacted , That if any person refuse
to pay the toll herein authorized, at the time of offering to
pass, the toll gatherer may lawfully refuse passage to such
person or thing, liable to toll as aforesaid, and if any per¬
son, article, or thing, liable to toll as aforesaid, shall by any
ways pass without payment thereof on demand made, the
company may, before any justice of the peace as aforesaid,
recover from such person, or from the owner or person in
possession of such article or thing, the sum of ten dollars
for each offence.

Sec. 21. Be it further enacted , That if the books for the
subscription of the capital stock in said company be not
opened within twelve months from the passage of this act,
or no President and Directors be elected as herein provided
within twelve months thereafter, thus effecting an organi¬
zation of said company, or should the work be not com¬
menced within two years after such organization and elec¬
tion, then all the rights, powers, privileges, immunities and
franchises by this act vested in said company, shall forever
cease and be of non-effect.

Sec. 22. Be it further enacted, That the President and
Directors of said company, shall have the right to sdecfc

28 S

necessary and proper sites for the location of the gate or Locationofroad
gates and toll houses, not exceeding two acres at any one
point; also to locate parts of said road on private property
if they shall deem it desirable to deviate from the present
site of said road; and in such cases, if the President and
Directors cannot agree with the owners of the lands or ma¬
terials required for said road as to compensation therefor,
or in case the owner thereof be an infant, non-resident, or
non compos mentis, then and in either case it shall be lawful AppUcation t0
for the said company to apply to the Judge of the Probate probate judge.
Court of the said county of Madison, and on such applica¬
tion it shall be the duty of said Judge forthwith to issue a
warrant under his hand and seal, directed to the sheriff of
said county of Madison, commanding him to summon the
owner of such land or materials, if found in said county,
and also to summon a jury of twelve disinterested freehol- jury,
ders to appear before hirn on the land, or at the place where
such materials may be at the time, not exceeding ten days
from the issuance of such warrant, whose duty it shall be
to assess the value of the land or materials so required;
and in case of lands they shall in the same assessment
assess the damages that the owner thereof may sustain by
reason of the lands being so taken for the use of said road,
and in all assessments of value and damages under this act, of daui *
the jury shall take into consideration the advantages that
the owner shall derive from said road and render their ver¬
dict accordingly, and it shall be the duty of said Judge to
make a record thereof, and return the same to the Clerk of
the Circuit of said county, twenty days before the next Trial docket
term of said court, and the said clerk shall enter said cause
on the* trial docket of said court, and on motion, if no ex¬
ceptions be filed, the same shall be affirmed, and judgement
on said verdict, entered as in other cases, at the costs of
said company. Either party may file exceptions to said
verdict, within the time allowed in said court, for pleading,
and thereupon the court shall cause an issue to be made up
upon such exceptions, and tried by a jury, de novo , as in
other cases, at the first term, unless sufficient cause be
shown for a continuance. If upon such trial the verdict is
more favorable to party excepting than the verdict of the d
original jury, judgement shall be rendered against the
adverse party for the costs, if less so, against the party ex¬
cepting; and, in either case, a judgment upon the merits
shall be rendered in accordance with the verdict as follows:

The judgment of the Circuit Court, when for the com¬
pany, shall be that the lands in question, or the materials m

284

Lands, <&c M vest
ed In company.

Final judgment.

Fee.

the case may be, are condemned to the use of the said com*
pany, and that the said company shall pay to the owner the
sum that the jury may hafre assessed, and upon the pay¬
ment of that sum the said land or materials shall be vested
in said company forever, and in all cases of final payment
the party aggrieved shall have his right of appeal, as in
other cases: Provided , That the work shall in no wise be.
delayed by any proceeding had in the premises, after the
Judge of the Probate Court shall have returned to the
Clerk of the Circuit Court, the assessment as aforesaid, but
on the payment or tender of the sum so assessed, or on the
deposit of it with the said Clerk for the use of the owner,
the company may proceed with the work as upon final
judgment in favor of said cla’m, and in case of tender as
aforesaid, and acceptance thereof, such acceptance shall be
considered a release of all error in the proceedings, and the
Circuit Court shall, on suggestion, inquire thereof and give
judgment accordingly.

Sec. 23. Be it farther enacted , That the stock of said
company shall be deemed personal property.

Sec. 24. Be it further enacted , That the said company
shall pay to the Judge of the Probate Court two dollars for
each warrant he may issue under the authority of this act,
one dollar per day to each freeholder who may be sum¬
moned before him undar the same, and one dollar per day
to each inspector, while engaged in performing the duty
required of them by this act.

Sec. 25. Be it farther enacted , That there shall be no
other turnpike, public or private road for public use opened
from the town of Huntsville into the said Cove, across the
mountain traversed by the road herein chartered, within
three miles of the track adopted by said company.

Approved, February 15, 1860.

No. 200.] AN ACT

To authorize the city of Tuscaloosa to subscribe to the cap¬
ital stock pf the North-East and South-West Alabama
Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly> convened,
That tne Mayor and Aldermen of the city of Tuscaloosa
are hereby authorized to subscribe to the capital stock of

285 lS59~m

the North-East and South-West Alabama Railroad Com¬
pany, a sum not to exceed three hundred thousand dollars,
payable in the bonds of the city issued by them, at their
par value, which bonds shall be made payable within thirty Bond80ftteeUy
years from the date thereof, and shall bear interest at a rate
not to exceed eight per centum per annum, payable semi¬
annually on the first of January and July of each year.

Sec. 2. Be it further enacted , That said Mayor and Al- Levy i&%
dermen are hereby authorized to levy and collect such tax
in said city as may be necessary to pay the principal and
interest of said bonds, and to enforce the collection thereof
in the manner provided in the charter of said city for the Providcd
collection of the city taxes : Provided , the rate of tax levied
on each hundred dollars worth of real estate, shall be double
the rate levied on the same amount of personal property of
all kinds, excepting the tax on the sales of merchandise,
which shall not exceed one-fourth of the rate of tax levied
on real estate.

Sec. 3. Be it further enacted , That no subscription shall
be made to the capital stock of said railroad company, as Capital stock,
provided in the first section of this act, until concurred in
by two-thirds of the votes cast in an election held for that
purpose in said, city, under the direction of said Mayor and
Aldermen, at which electiou eaeh amount of five dollars of
taxes levied under this act, shall entitle the parties so taxed,
by balloting for themselves or through their legal represen¬
tatives if they be minors, to one vote, whether they be
males, females, minors, residents, or non-residents of said
city, and each qualified voter in said city paying less than
five dollars tax under this act, shall be entitled to vote in
said election.

Approved, February 10, 1860.

No. 201.] AN ACT

To Incorporate the Tuskegee Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That David Clopton, William Foster, Cullin Battle, Robert
Lygan, James W. Echols, S. B. Payne, George W. Camp¬
bell, A. J. Fannin, John 6. H. Reid, W. S. Swanson, afcd
A, D. Edwards, or of such them as shall accept this charter,
with such other persons as shall associate with them for the

1859-60.

Powers.

Provided.

Capital stock.

Open books.

Provided.

286

purpose, and their successors be, and they are hereby con¬
stituted a body politic and corporate, by the name of the
Tuskegee Eailroad Company, and by that name may sue
and be sued, plead and be impleaded in all courts of this
State, with power to make, have and use a common seal
and the same to break, renew, alter or amend at pleasure,
and are hereby vested with all the powers, privileges and
immunities which are or may be required and proper to carry
into effect the location, construction, proper management,
direction and maintenance of a single or double railroad
from some point at or near Chehaw, on the Montgomery
and West Point railroad, to or in the vicinity of Tuskegee,
in Macon county, and to transport, take or carry on said
railroad, by steam, or such power as the company may deem
most proper, and for the purpose of constructing said road,
the company are hereby fully authorized to lay out the
same, not exceeding one hundred feet wide, the whole
length, and for the purpose of depots, cuttings, bridges,
embankments and necessary turnouts, and for obtaining
stone, granite and gravel, may take so much more land as
may be needed in the construction, security and keeping
up and running said road, with permission to purchase
stock, materials and right of way, and to make any lawful
contract with any railroad, individual or company in rela¬
tion to the business of said company, and also to make joint
stock with any other corporation : Provided , That all dam¬
ages that may be occasioned to any person or corporation
by the taking of any land or materials as aforesaid, shall
be assessed in the manner hereinafter specified.

Sec. 2. Be it further enacted, That the capital stock of
said company shall not exceed seventy-five thousand dol¬
lars, which shall be divided into shares of one hundred
dollars each, and which shares shall be deemed personal
property, and be subject to transfer in such manner as the by¬
laws of the company may direct; said company may organ¬
ize as soon as shares to the amount of twenty thousand
dollars have been taken, and may then survey and locate
the road, but shall not commence the construction of the
same until shares to the amount of thirty thousand dollars
shall have been bona fide subscribed.

Sec. 8 . Be it further enacted, That the persons named
in the first section of this act, or any four of them shall
open books for subscription to the capital stock of sai
company at such times and places as they may deem
proper: Provided, the Directors may authorize any person,
to receive subscriptions to the stock at any time or place,

and they are further authorized and required after the
books of subscription have closed, or when the sum sub¬
scribed shall reach thirty thousand dollars, to call a meeting'
of the stockholders of said company in such manner and
at such time and place as they may appoint for the choice
of Directors of said company, and in all meetings of the
stockholders, each share shall entitle the holder thereof, to
one vote, which vote may be given by the holder in person
or by lawful proxy, and the annual meeting of the stock¬
holders of said company, for the choice of Directors, shall
be hoi den at such times and and places, and upon such
notice as the company in their by-laws may direct.

Sec. 4. Be it further enacted , That in case it shall so
happen that an election for Directors shall not be ma^p on
any day fixed by the by-laws of said company, said com¬
pany shall not for that cause be dissolved, but such election
shall be held on any other day which may be appointed
by the Directors of said company, and said Directors shall
have power to fill all vacancies which may occur by death,
resignation or otherwise.

Sec. 5. Be it further enacted , That the immediate gov¬
ernment of the affairs ol said company shall be vested in a
Board of Directors not to exceed nine in number, who
shall be chosen by the stockholders as herein provided,
and shall hold office until others are duly elected and Board or direct,
qualified 16 take their places as Directors, and a majority
of said Directors (the President being one,) shall be a
quorum for the transaction of business, they shall elect one
of their number to be President of the company, and may
also choose a Secretary and other officers as they may deem
necessary.

Sec. 6.’ Be it further enacted , That the said President
and Directors, or a majority of them may appoint all such
officers, engineers, agents and servants as they may deem
necessary to carry on the business of said company, and
may dismiss them at pleasure, and may determine the com- Birector9 to ap . ,
perisation of all officers, engineers, agents and servants of point,
said company, and shall have power to pass all by-laws
they may deem necessary and proper for the efficient exer¬
cise of all the powers vested in said company: Provided,
such by-laws shall not conflict with the constitution or laws
of this State or of the United States.

SEC* 7. Be it further enacted , That the President and
Directors of said company are hereby authorized to con- ^
tract for and receive conveyances of land for the track of °
railroad one hundred feet wide, also for the depots, stations,

lfi59-'60.

Summon jury.

Damage?.

Verdict to be
filed.

side track, euttings,. embankments, &c., and of stone, tim¬
ber, gravel, wood, earth and of all other property, estate,
ot materials which may be necessary or requited in the
construction and keeping up of said Railroad, and when
the owner and company cannot agree upon the price, or
when the owner is aq infant, non compos mentis , or non¬
resident, then it shall be the duty of the clerk of the Circuit
Court of the county in which the lands are situated, on the
application of said company or its agent or agents, to issue
a writ of ad quod damnum , commanding the sheriff that
without delay, he cause a jury of six good and lawful men
to go upon said land on a day appointed by said sheriff,
ana whereof he shall give notice to the owner, executor,
administrator, trustee or guardian, at least five days before
such day, if they be in their or his county, or if not, or if
the owner or owners or residence of such owner or owners
are unknown, then notice shall be given by advertisement
posted up by said sheriff at some conspicuous place at least
live days before such appointed day, and also by advertis*
ing the same in some newspaper published in the county,
at least three weeks by weekly insertions, prior to said
day, and then cause said jary, after being sworn by himself
or justice of the peace, to make full inquest of the damages
that will be sustained by such owner or estate, by reason
of making said road through such land, and in making said
valuation, the jury shall take into consideration as well the
benefit and advantage the owner may receive from the
establishment of said road, as the loss or damage which
may occur to the owner or owners in consequence of the
lands being taken, and ~hall state particularly the nature
and amount of each and the excess of loss and damages
above the benefit and advantages, shall form the measure
of the valuation of said land or right of way. If any juror
shall fail to appear or by reason of challenge or other cause
fail to serve, the 'sheriff shall complete the jury from the
bystanders; if they fail to render a verdict the sheriff shall
on the same or subsequent day empannel a new jury until
a verdict be had, such inquest and verdict certified by tbe
sheriff, shall be returned to the office of the clerk of the
Circuit Court and filed, and shall vest in said company
the right to occupy and use such lands, <fco., for the pur¬
poses of said road, upon the payment of the damages
assessed, or on deposit of the same with the Judge of Pro¬
bate of the proper county, which judge shall be Bableon
his official bond for said sum so dej^sit^ to the proper
party.

280

1850^*60.

Sec. 8. Be it further enacted. That it shall be the
duty of the sheriff to hold said inquest within ten days
alter the receipt of said writ, except in case of absence as
aforesaid, in which case he shall be allowed thirty days
and an additional five days for every additional jury he *
may have under said writ, and for every default he shall £5!iKre. of sUck
be subject to a fine by the Circuit Court upon five days
notice at the instance of either party of not less than ten or
more than fifty dollars, such juror and witness shall be
subject to a fine of ten dollars for non attendance; of all
such fines and costs the Circuit Court of the county shall Circuit court
have jurisdiction, said court may excuse either upon proper risdiction.
showing for each writ of ad quod damnum , the clerk shall
be entitled to. twenty-five cents, and the like feum of seven¬
ty-five cents for re-issuing and filing the same; the sheriff
shall be allowed seventy-five cents for each notice, besides
printers’ fees, not to exceed two dollars in each case; for
holding said inquest and returning the same five dollars,
besides seventy-five cents each witness summons; jurors
shall be allowed seventy-five cents per diem each, which
fees are not allowed until a verdict be returned and filed,
and shall be taxed in the bill of costs and paid by the com¬
pany: Provided , That the said costs shall be taxed against Provided,
the owner or owners of said lands in all cases, in which
said company may have tendered to the owner or owners
before the issuance of a writ as provided for, a sum as great
as the damages assessed: Provided , That the work or labor
of said company shall not be delayed on account of the
proceedings had as aforesaid.

Sec. 9. Be it further enacted , That the President and
Directors shall have the power to require the stockholders
to pay such installments as their respective shares of stock
in said company, and at such times as they may deem for
the interest of said company, and upon the failure or refusal Notice,
of any stockholder to pay the required installment, they
may upon giving thirty days notice to said defaulting
stockholder of the intended motion, move the Circuit Court

of said county in which said stockholder may reside, for
judgment against said stockholder for the amount called for
by the President and Directors of said company, or may
upon sucb default, upon giving twenty days notice by ad¬
vertisement and to said defaulting stockholder, proceed to
sell at public outcry to the highest bidder the share or
shares owned by such defaulting stockholder, or such part
as they may think proper, and if upon such sale the stock
19

Sale of sio&.

1859-60.

Judgment.

Fees.

Damages.

Conviction.

Bridges.

Bonds.

290

offered shall sell for less than the sum so required or called
in, the said defaulting stockholder shall be subject to judg¬
ment for such deficiency ns hereinbefore specified without
a call, and such Circuit Court is hereby authorized and
empowered and required to render judgment against the
defaulting stockholder at the same term of the court at
which such motion is made, and execution shall issue as
upon judgment in other cases for the amount of said judg¬
ment and costs, and all notices required to be given to any
defaulting stockholder, shall by and in the name of the
Secretary and Board of Directors, and served by the sheriff
of the county of the residence o« such defaulter, and returned
to the office of the clerk of the Circuit Court, as in cases of
common summons, and the sheriff shall be entitled to one
dollar for serving such notice, which, with all the costs
which may accrue shall he paid by such defaulting stock¬
holder and for which execution may issue.

Sec. 10. Be it further enacted , That in case any person
shall willfully injure or obstruct said road in any degree
be shall forfeit and pay to said President and Directors of
said company three times the amount of all damages sus¬
tained in consequence thereof, to be sued for and recovered
in the same manner as provided by law for individuals in
like cases, and on complaint made to any court within
whose jurisdiction such ofiense shall be committed, it shall
be the duty of such court to bind the person or persons so
off nding with sufficient security for his or their good be¬
havior for a period not less than one year, and such offender
shall also be subject to indictment, and shall upon convic¬
tion, be sentenced at the discretion of the court to be im¬
prisoned not ! ess than three nor more than six months.

Sec. 11. Be it further enacted, That the said company
shall have the right to construct bridges for their road, ami
to cross or intersect any established roads: Provided , the
passage of such established road is not impeded; and said
company may cause any road or way to be changed or
altered in such manner that said railroad may be made on
the best site of ground; Provided , the company shall put
such road or way in as good condition as at the time of
changing the same.

Sec. 12. Be it further enacted, That said company shall
have power to borrow money on the faith and credit of
the company to carry into effect the purposes of this act,
and to issue and sell the bond or bonds of the company
therefor in such form and at such rate of interest as the

Board of Directors may prescribe, on all the property,
means and effects, or on any portion thereof

Sec. 13. Be it farther enacted , That after the construc¬
tion of said railroad or any part thereof, the company may Tolls<
collect toll from any person who may ride thereon, or
transport merchandise or any commodity, thing or property
thereon.

Sec. 14. Be it further enacted, That said railroad shall
be commenced within five years, and be completed within
ten years from the passage of this act.

Sec. 15. J3c it further enacted , That all laws or parts of
laws conflicting with or controvening the provisions of this
act b^, and the same are hereby repealed.

Approved, February 20, 1860.

No. 202.] AN ACT

To compel the Nashville and Chattanooga Ra^road Com¬
pany to drain the Ponds along the line of Road.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened ,

That the Nashville and Chattanooga Railroad Company
are hereby required to drain all the ponds on either side of ponds -
said road, so far as said road is embraced in the limits of
the State of Alabama, that have been or may hereafter be
created by the construction of road.

Sec. 2. Be it farther enacted , That the said railroad
company are hereby allowed one year from the approval
of this act to comply with the provisions of section 1st.

Sec. 3. Be it further enacted , That for every failure °f Daroftgea
said railroad company to remove or drain any pond along ges *
the line of the same, it shall be liable to a suit for damages
at the instance of any person who is or may be damaged
by such failure, and that where the damage claimed is less
than fifty dollars, the suit may be instituted before any
justice of the peace within the beat, where said pond is or
may be located, and that where the damages claimed
exceed fifty dollars, suit therefor may be instituted in the
Circuit Court, where the cause of said damage has or may
originate.

Sec. 4. Be it further enacted , That the rules, regular ^

tions and laws of said justices and Circuit Court, as applica- ’ c<

1859-60.

Pledge bonds.

Time extended.

Provided,

bio to other suits, shall apply to suits instituted under the
provisions of this act, unless they conflict with some of its
provisions.

Approved, December 9, 1859.

No. 203.] AN ACT

Further to extend the times for payment of the balance of

the debt due from the Mobile and Ohio Railroad Com¬
pany to the State.

Whereas, the Mobile and Ohio Railroad Company, is
now indebted to the State of Alabama in the sum of $50,-
000, payable on the first of January, 1860; $50,000 more,
payable on the first of January, 1861; $100,000 more on
the first of January, 1862, and $100,000 more on the first
of December, 1862, for which debt and the annual interest
thereon the State holds the obligation of said company,
secured by pledge of bonds, and by mortgage, and whereas
said company has applied for an extension of the time for
the payment of said several installments of debt, now there¬
fore,

Sec. 1. Be it emu:ted by the Sena e and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That the times for the payment of the three first installments
of said debt, as prescribed by the act, entitled “an act to
extend the time of payment of the balance of the principal
of the debt due from the Mobile and Ohio Railroad Com¬
pany to the State of Alabama,” approved February 5, 1858,
be, and the same are hereby further extended to the first
day of December, 1862, on which day the whole of the
principal of said debt shall be due and payable: Provided,
that the interest on all said debts at the rate of eight per
cent, per annum be paid by said company to the State as
heretofore till full payment, and, Provided, further, that said
Mobile and Ohio Railroad Company shall within sixty days
after the passage of this act, file in the office of the Secre¬
tary of the State of Alabama an agreement under its seal,
by which it shall agree to pay said debts at said extended
tune hereby limited, and to pay the interest annually on
the whole debt as heretofore, and, Provided, further , that
nothing in this act shall be construed to impair in any man¬
ner toe securities now held by the State for the payment
of said debt and interest, but the same shall stand in full

force for the payment of said debt and interest as hereby
extended, to which said company shall likewise assent by
its agreement to be filed as aforesaid : Provided , further , That Agreement,
said railroad company hereby agrees to, and does hereby
preclude itself from making any further application to
extend the time for the payment of said money.

Sec. 2. Be it further enacted, That all th< provisions of Provisions to k<
section fourth, of an act entitled “an act to extend the time coaipliea Wlth ‘
for the payment of the balance of the principal of the debt
due from the Mobile and Ohio Railroad Company to the
State of Alabama,” approved February 5, 1858, be, and
the same are hereby re-enacted and continued in force, and
said debt shall not be extended until all the provisions
thereol are fully complied with.

Sec. 3. Be it jurther enacted, That in the event said railroad
company fail to pay off and disehage said debt, together
with all interest that may have accrued thereon, on the
said first day of December, 1862, it shall be the duty of the
Governor of the State of Alabama, to take all necessary Governor ‘
steps to enforce all the securities which the State of Ala¬
bama may hold against said company so as to enforce the
payment of the debt and interest due the State, at the
earliest possible period thereafter.

Sec. 4. Be it further enacted, That the acceptance of this
extension shall operate as a release of all defenses by the
company against the collection of the debt, and also a release ReIease<
of all right to enjoin the State from proceeding to collect
the debt, or enforce the securities against the company, or
proceeding to sell the bonds, or any other property of said
company mortgaged to the State, or deposited as security
for the payment of the debt.

Sec. 5. Be it further enacted , That it shall be the duty of
the Governor of the State, to see that the provisions ot this
bill are faithfully performed and enforced.

Approved, December 15, 1859,

294

1859-m

No. 204.] AN ACT

To authorize the Georgia Western Railroad Company to
construct their Railroad from the Georgia line through
the county of Calhoun to the town of Oxford or Jack¬
sonville, on the Alabama aud Tennessee Rivers Railroad.

Sec. 1. Be it enacted by the Semite and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That the Georgia Western Railroad Company, a corporation
chartered by the State of Georgia, to construct a railroad
from the city of Atlanta Westward to the Alabama State
line, shall have the right and privilege to extend their rail¬
road from the Georgia State line through the county of
Rights, powers, Calhtiun, in Alabama, to the town of Oxford or Jackson¬
ville on the Alabama and Tennessee Rivers Railroad, and
for that purpose aie vested with all the rights, powers and
privileges and immunities p< >ssessed by the said Alabama and
Tennessee Rivers Railroad Company, when the same can be
made applicable.

Sec. 2. Beit further enacted, That any contract entered
into, duly made ami ratified by the Georgia Western Rail*
Legal and bind-road company and the Alabama and Tennessee Rivers Rail*
lng ' road company for the purpose of a connection, and the

mutual benefit of their respective railroads, shall be legal
and binding upon the parties.

Sec. d. Be it further enacted , That the provisions of this
Ten years. ac t s \ Vd \\ terminate and expire in two years fro rails passage
unless said company shall in good faith let out to contract
at least twenty miles of its road bed, and have at least five
miles graded within the said two years.

Appkoved, February 8, 1860.

No, 205.] AN ACT

Supplemental to and in enlargement of “an act to authorize
the corporate authorities of the city of Mobile to aid in
the construction of a Railroad upon a vote of the citizens,”
approved the 8th Fel ruary, 558.

Sec. 1. Be it enacted by the Semite and House of Represent'
atives of the State of Alabama in General Assembly convened\
That the vote of the people of the city of Mobile taken on
the 21st day of March, 1859, under an act of the Legislaiure
of Alabama, approved the 8th of February, 1858, entitled

“ah act, to authorize the corporate authorities of the city of
Mobile, to aid in the construction of a railroad upon a vote
of its citizens,” shall be sufficient authority to the corporate
authorities of said city of Mobile, and they are hereby au- Empowwed
thorized and empowered to aid in the construction of the
Mobile and Great Northern Railroad, by the issuance of
the bonds of said city, for an amount not exceeding one
million dollars, under such contract with said Mobile and
Great Northern Railroad company, as said city authorities
may agree upon.

Sec. 2. Be it further enacted, That the corporate authori-
ties-of said city of Mobile shall have, and they are hereby invested with
invested with power and authority to adopt such by-laws
arid resolutions, and to provide such ways and means, and
to do such acts as shall be necessary or proper for the full
execution and performance of such contract as they may
make with said Mobile and Great Northern Railroaa com¬
pany, under and by virtue of this act, and the one to which
it is an amendment and supplement.

Sec. 3. Be it further enacted , That all laws and parts of
laws inconsistent and contrary to this act, be, and the same
are In-re by repealed.

Approved, November 29, 1859. i *

No. 206.] AN ACT

To compel the Alabama and Florida Railroad Company to
drain the Ronds along the line of the said road.

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened ,

That the Alabama and Florida Railroad company are hereby Dralnpond#
required to drain all the ponds on either side oi said road,
so tar as said road is embraced in the limits of the State of
Alabama, that have been or may hereafter be created by
the construction of said road.

Sec. 2. Be it further enacted , That the said railroad com- First Ju,y *
patiy are hereby allowed until the first day of July, from
the approval of this act, to comply with the provisions of
section first.

Sec. 3. Be it further enacted , That for any failure of said Dama 8 w -
railroad company, 10 remove or drain any pond along the
line of the same, it shall be liable to a suit for damages at
the instance of any person, who is or may be damaged by

1859-’60.

Circuit court.

Notice.

Body politic.

. Troy.

296

such failure, and that where the damages claimed is less
than fifty dollars,, the suit may be instituted before any
Justice of the Peace within the beat ,where said pond is or
may be located, and that where the damages claimed exceed
fifty dollars, suit therefor may be instituted in the Circuit
Court of the county where the cause of said damage has or
may originate.

Sec. 4. Be it further enacted , That the rules, regulations
and laws of said Justices and Circuit Courts as applicable
to other suits, shall apply to suits instituted under the pro¬
visions of this act, unless they conflict with some of its
provisions.

Sec. 5. Be it further enacted , That service of proceedings
in any suit, commenced under the provisions of this act,
upon any agent of said railroad, shall be deemed sufficient
notice to said railroad company.

Approved, February 3, 1860.

No. 207.] AN ACT

To Incorporate the Troy Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That Urban L. Jones, Andrew P. Love, Benjamin Gardner,
Charles F. Hooks, James Falrnar, Henry S. Urquhart,
James M. Thompson, William Gibson, Sr., Ira Hobdy,
Thomas K. Mullins, Columbus C. J. L. Cunningham, Benj.
Moore, Ocar T. Knox, John W. McClure and George W.
Hilliard and others, their associates, for the purpose, are
constituted a body politic and corporate by the name of the
“ Troy Railroad Company,” and by that name may sue and
be sued, plead and be impleaded, in any court of this State,
to make and to have a common seal, and the same to break,
alter or renew at pleasure, and the company is hereby ves¬
ted with all the powers, privileges and immunities which
are or may be required to carry into effect the location,
construction and completion of a single, double or treble
railroad or way, from the town of Troy in Pike county, to
or near Herndon’s Bridge on the Conecuh river, or to some
convenient point on the Girard & Mobile Railroad; and to
transport, take and carry on said road and branches, by
the power of steam or such other power as to them may be
proper to apply, and for the purpose of constructing said

road and branches, the said company are hereby authorized
to lay out not exceeding one hundred feet wide through the width,
whole length, and for the purpose of depots, cuttings,
bridges and embankments, and the purpose of necessary
turnouts, and for the obtaining stones and gravels, may
take as much more land as may be needed in the construc¬
tion and security of said road and branches, with permission
to make any lawful contract with any other railroad corpor¬
ation in relation to the interest of said company, and also
to make joint stock, with any other railroad corporation: Branches *
Provided , that all damages that may be occasioned to any
person or corporation, by taking any land or material afore¬
said for the aforesaid purpose, shall be paid by the said
company in manner hereinafter provided.

Sec. 2. Be it further enacted, That the capital stock shall
not exceed five hundred thousand dollars unless a larger
amount be required to complete and fully equip said road capital stock,
and branches, and to provide requisite shops and factories for
the use of said company, the same to be made up in shares
of one hundred dollars to the share.

Sec. 3. Be it further enacted , That as soon as the sum Fifty thousand,
of fifty thousand dollars shall have been subscribtd, the
commissioners shall have power to call a general meeting
of the subscribers at such time and place as they may
appoint, and at such meeting the said subscribers or a
majority of them in value, shall elect their ten directors by
ballot to manage the affairs of said company, and the com¬
missioners aforesaid or any three of them, shall be judges
of said first election of directors, and the directors thus
chosen or a majority of them, shall elect from among them¬
selves a President of said company and allow him such
compensation as they may think proper, and each stock- compensation,
holder shall in the elections of the company, be entitled to
one vote for every share owned, and shall have power in
writing to depute any other person to vote and act for him
or her by proxy.

Sec. 4. Be it further enacted, That said President and
Directors thus appointed, shall have power to fill vacancies acancies *
however occasioned in their own body, and to continue to
act until their successors shall have been appointed and
qualified to take their places according to the rules that may
be established in the by-laws of the company.

Sec. 5. Be . it further enacted, That the company shall Thre * years ‘
commence the construction of their railroad within three
years from the date hereof, otherwise this charter shall be
forfeited.

Rates and tolls.

Not taxed.

Privileges, sub¬
jected, &c.

Full force.

Sec. 6. Be it further enacted , That the directory shall
have power to establish such rates of toll for the conveyance
of persons and property upon the railroad as they shall
from time to time deem proper, and t> levy and collect the
same for the use of said company.

Sec. 7. Be it further enacted, That the stock of said com¬
pany shall not be subject to taxation until the said road
shall have been completed, or a dividend of profits shall be
declared thereon.

Sec. 8. Be it further enacted , That the corporation hereby
created, shall have all the privileges and be subjected to all
the restrictions and limitations in respect ot the right of
way for their railroad conferred and imposed by existing
laws upon the Girard & Mobile Railroad.

Approved, February 28, 1860.

No. 208.] AN ACT

To revive and amend an act to incorporate the West Point,
Georgia and Tennessee River Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Rcjiresent-
atives of the State of Alabama in General Assembly , convened ,
That an act to incorporate the West Point, Georgia and
Tennessee River Railroad company, approved February 3rd,
1854, be, and the same is hereby revived, and that each
and every section of the same be revived and in full force
and effect, except the 19th section of the same, which is
hereby stricken out, and in lieu thereof the following words
and section inserted, to*wit: section 19.

Sec. 2. Be it further enacUd, That said railroad'company
shall commence and let out to contract at least ten miles of
the grading of said road, within two years from the passage
of this act.

Approved, February 21, 1860.

1859-’#,

No. 209.] AN ACT

To revive and amend the charter of the Tallapoosa and
Coosa Railroad Company.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General Assembly, convened ,

That the act to incorporate the Tallapoosa and Coosa Rail¬
road Company, approved February 6th, 1850, be, and the
same is hereby revived and continued in full force and
effect.

Sec. 2. Be it further enacted , That said company shall
commence the building of the said road within five years
from the passage of this act and complete the same within
ten years from the same day.

Approved, February 24, i860.

N*o 210-] AN ACT

To amend the charter of the Alabama and Georgia Railroad
Company, approved 19th January, 1850.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That the charter of the Alabama and Georgia Railroad
Company is hereby revived and continued in full force, and
that George C. Whatley, Miles W. Abernathy, James F.

Grant, William Scott, Neal Furgurson, John li. Gra¬
ham and Walter Bellingslew, the President and Directors of
said railroad company, are hereby empowered and author* 0penbookJI
ized to open books of said company for subscriptions of'
stock, at such times and places as they, or a majority of
them may see proper, after giving thirty days notice thereof, Notice,
and the stock so subscribed shall be held and owned by the
subscribers, upon the same terms, rights and privileges as
the stock of the original subscribers in said railroad

company.

Sec. 2. And be it further enacted , That the name of the
Alabama and Georgia Railroad Company be changed to the
name of the Jacksonville, Rome and Dalton Railroad Com¬
pany, and by that name shall sue and be sued, plead and b .
impleulel, buy, sell, lease, convey, own, possess and hold
real and personal property, and to do all other acts and

Name changed.

300

Right of way.

Consolidate

stock.

things as freely and completely as it could under the name
of the Alabama and Georgia Railroad Company.

Sec. 8 . And be it further enacted , That said Jacksonville,
Rome and Dalton Railroad Company is hereby authorized
to construct their railroad over and upon the line heretofore
located- by the Alabama and Georgia Railroad Company,
and to hold, own and possess the right of way heretofore
given and granted to said Alabama and Georgia Railroad
Company, by the proprietors of the lands over which said
road may pass, and also to receive and hold the right of
way which may be acquired from other proprietors on said
route, and said company is hereby fully authorized and
empowered to construct their road to a convenient and ac¬
cessible point on the Georgia State line, so as to connect
with any Georgia railroad constructed, either from Rome or
Dalton, Georgia, to any other point on the Western and
Atlantic Railroad, and the said Jacksonville, Rome and
Dalton Railroad is hereby empowered to consolidate their
stock with the aforesaid Georgia Railroad or roads, upon
such terms as the stockholders of the respective roads may
agree, and the roads thus consolidated shall be known as
the Jacksonville, Rome and Dalton Railroad, and at least
three of the Directors of said road so consolidated, shall
reside in the State of Alabama, and the said Railroad so
consolidated shall have all the rights, privileges and immu¬
nities which this road has by this charter, and the charter
to which this is an amendment, and said road so consolida
ted shall be liable to sue and be sued in the county of Cal¬
houn, State of Alabama.

Sec. 4. And be it further enacted , That the said President
and Directors of said Jacksonville, Rome and Dalton Rail¬

road Company shall have power to require the stockholders
Pay installment*. 0 f the said company to pay such installments on their stock
in said company, not to exceed 33£ per ceut., during any one
year, as they may think best for the company, and upon the
failure or refusal of any stockholder to pay the installment
called for by the President and Directors on bis, her or their
stock, said President and Directors may proceed to collect
the same as provided in the charter of the Alabama and
Tennessee River Railroad Company and in the amendments

thereto.

Sec. 5. And be it further enacted , That the President and
Directors of said company, to-wit: A President and six
Directors may hereafter be elected at such time as the Board
of Directors may appoint, should there occur in the mean¬
time a vacancy in the Board by death or resignation, the

Vacancy.

remaining officers may supply their places by appointment,
and in all cases the President and Directors of the company
shall hold their office until their successors are duly elected
and qualified.

Sec. 6. And be it further enacted , That the seventh section
of the act incorporating said Alabama and Georgia Bail-
road Company be, and the same is hereby repealed.

Sec. 7. And be it farther enacted , That the rights, privi¬
leges and franchises granted by this act and the act above
reterred to, and hereby amended, shall be subject to and
made dependent upon the provisions of this section, name¬
ly : Said company shall not extend their railroad to the
city of Borne, in the State of Georgia, or to any point at or
near that city ; nor shall it consolidate, nor connect with or
run in connection with any railroad company to be con¬
structed to or from said city, or any point near the same,
until said company, or the company with whose railroad it
may propose to connect, consolidate or run in connection
with, shall first have obtained the free and unrestricted,
permanent and irrevocable right and privilege of passage
through said city of Borne; also the free, unrestricted, per¬
manent and irrevocable right and privilege to construct
railroad bridges across the two rivers at or near said city,
or on either side,of the same, as the case may require, so as
to permit the construction and full operation of a continu¬
ous and unbroken line of railway from the town of Jack¬
sonville, through the city of Borne, to the town of Dalton
or some point near Dalton.

Sec. 8 . And be it farther enacted , That the provisions and
restrictions in the last and preceding section, shall not pre- Road to run
vent said railroad company from connecting with any rail- frotn ’ &c *
road company which proposes to start and run from the
town of Dalton, or from some point near the same in the
direction of Jacksonville, crossing the Coosa river below
the city of Borne.

Sec. 9. And be it farther enacted , That the Alabama and
East Tennessee Bailroad Company, a corporation chartered
in this State, by act approved the 20th day of February,

1854, and the Alabama and Georgia Bailroad Company, a
corporation chartered by the State of Georgia be, and they
are hereby authorized and fully empowered to connect with
each other and consolidate the two companies on such terms Empwered *
as the said two companies may agree upon, and when so
.consolidated and connected, shall be known and styled by
the name of the “ Dalton and Jacksonville Bailroad Com¬
pany,” and when so connected and consolidated, said com-

802

pany shall have power and authority to reduce the par
value of each share to ten dollars per share, and may open
books and take new subscription, and each share subscribed
shall be valued at ten dollars per share.

Approved, February 24, 1860.

No. 211.] AN ACT

To amend the charter of the Uniontown and Jackson

Railroad Company.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\
That the act, entitled u An Act to incorporate the Union-
town and Jackson Railroad Company,” approved February
4th, 1858, be, and the same is hereby so amended as to
extend the time within which said company shall com¬
mence the construction of their railroad to three years, and
the time for the completion of the same to ten yeurs, from
and after the passage of this act.

Approved, February 24, 1860.

No. 212.] AN ACT

To amend and extend the charter of the East and West
Alabama Railroad Company; also that of the Wetumpka
and Montevallo Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That the East and West Alabama Railroad Company shall
Privileges. be entitled to all the privileges conferred by their charter,
approved February 18th, 1854, and allowed three years to
commence their road, and ten years to complete the same,
from and after the passage of this act.

Sec 2. Be it further enacted , That the charter be so
amended as to allow said company the choice of running
either to Selma, Marion, or any other point west of We-
. , tumpka, so that the connection may be formed which is
Connect on ora ^ eeine( j best for uniting East and West Alabama with the
great South-Western and Western Railroads, penetrating
the State of Mississippi.

Sec. 3. Be it further enacted , That the Wetumpka and
Montevallo Railroad Company, shall have three years from
and after the passage of this act, under their charter, to
commence work, and ten years to complete the same, with Commence vork#
the privilege of running from Wetumpka, to connect with
any other roads they may ch lose, and at any point agreed
on, so as to obtain the most fivorable connection with the
Tennessee River and North Alabama Railroad, with or
without regard to intermediate points.

Sec. 4. Be it further enacted , That the City Council of
Wetumpka be authorized hereby to appoint for each of the
above companies six additional Commissioners to aid those CammissioBer*.
named in their respective charters to carry into effect the ■
ends desired to be obtained by granting said charters.

Sec. 5. Be it further enacted , That all laws and parts of
laws contravening the provisions of this act be, and they
are hereby repealed.

Approved, February 21, 1860.

No. 213.] AN ACT

To amend “An Act to incorporate the Columbus and
Tennessee Valley Railroad Company.”

Sec. 1. Be it enacted hy the 'Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That an act to incorporate the Columbus and Tennessee
Valley Railroad Company, approved January 26th, 1858, Amen<3e<i
be, and the same is hereby amended by striking out the
name of Charles F. Betts, and inserting instead thereof the
name of Everett Palrnore; by striking out the name of
James B. Bankhead, and inserting instead thereof the name
of Randal McMullen; by striking out the name of B. W.
Howell, and inserting instead thereof the name of John J.
Dickerson ; by striking out the name of Thomas P. McCon¬
nell, and inserting instead thereof the name of Samuel
Wright; by striking out ‘‘three” where it occurs in the
13th section of said act, and inserting instead thereof the
word “six.”

Approved, January 25, 1860.

1859 - 60 .

Ameuded.

Annual meeting

Officers.

Capital Stock.

304

No. 214.] AN ACT

To amend the charter of the LaFayette Branch Railroad
Company, and to change the name of said company.

Sec. 1. Be it enacted by the Senate , and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the act approved the seventh day of February, A. I).,
1848, entitled an act to incorporate the LaFayette Branch
Railroad Company, and the act entitled an act to amend
the charter of the LaFayette Branch Railroad Company,
approved the ninth day of February, A. I)., 1854, be, and
the same are hereby amended as follows: Said company
shall hereafter be known as the Opelika and Oxford Rail¬
road Company, instead of the LaFayette Branch Railroad
Company.

Sec. 2. Be it further enacted , That hereafter the annual
meetings of the stockholders of said company shall be held
on the first Tuesday in June in each year, instead of the
first Monday in June as now required by said charter.

Sec. 3. Be it further enacted, That at the next annual
meeting of said stockholders, and at each annual meeting
thereafter, said stockholders shall elect nine Directors instead
of five, as now required by said charter, who shall hold
their offices until their successors are elected and qualified,
a majority of whom shall be a quorum for the transaction
of the business of said company.

Sec. 4. Be it further enacted , That said company be, and
they are hereby authorized to increase their capital stock to
any sum they may deem necessary, not exceeding two mil¬
lions of dollars, and may connect their road with the Ala¬
bama and Tennessee River Railroad at or near the town of
Oxford, in the county of Calhoun.

Approved, January 25, 18G0.

No. 215.] AN ACT

To amend the charter of the North-East and South-West

Railroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\
That the North-East and South West Alabama Railroad
Company shall furnish to all steamboats, in the Tombigbee

305

1859~m

and Warrior rivers, accurate time tables indicating the pre¬
cise time at which the car trams of said company will pass
over the draw-bridges constructed across saia rivers by the
company; and said boats shall not pass or attempt to pass DrawbrWgtg<
said bridges within twenty minutes of the time that said
car trains are due at the same, but shall in every instance
stop below or above said bridges, as the case may be, until
after the crossing of said trains, or if said trains are behind
time and not in sight of said bridges when due there, then
said boats shall stop below or above the bridges, and not
attempt to pass the same, until ten minutes have elapsed
from the time of the crossing of said trains as indicated by
said time tables.

Sec. 2. And be it further enacted , That when said trains
%all behind time as indicated by said time tables, they shall Whi8lte>
in such cases approach said bridges with their whistles blow¬
ing continuously, and move not exceeding four miles per
hour.

Sec. 3. And be it further enacted ,, That section sixteen of
the act, entitled an act to incorporate the North-East and
South-West Alabama Railroad Company, approved Decem¬
ber the twelfth, one thousand eight hundred and fifty-three,
be, and the same is hereby amended so as to add after the valuation ©t
words, “ the measure of valuation of said land or right of an *
way ” as they occur in said section the following words, to-
wit: “but the jury shall in all cases award to the owner
the value of the lands condemned.”

Sec. 4. And be it further enacted , That if the conductors
or persons directing such car trains, or those commanding
or directing such steamboats, shall violate any of the pro-,
visions of the first and second sections of this act the par- Penalty,
ties guilty of such violation, may be indicted, and, upon
conviction, shall be fined not less than five hundred or
more than two thousand dollars, and may, at the discretion
of the jury trying the*case, be imprisoned in the peniten¬
tiary of this State not less than two years.

Approved, February 21, 1860.

1859-60.

Privileges.

Bridges.

Bonds.

306

No. 216.] AN ACT

To amend an act granting the right of way to the Nash¬
ville and Chattanooga Railroad Company, through Jack-
son county, and the privilege of constructing a bridge
across Tennessee river in said county, approved January
21st, 1850.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That an act granting the right of way to the Nashville and
Chattanooga Railroad Company, through Jackson county,
and the privilege of constructing a bridge across Tennessee
river in said county, approved January 21st, 1850, be so§
amended thatthe Nashville and Chattanooga Railroad Com¬
pany shall have the right to construct and operate a branch
of their road from a point on the line of their road at or
near Bridgeport, in Jackson county, to the Tennessee State
line, in a direction to Jasper, Tennessee, with all the rights,
powers and privileges pertaining to the main line, and sub¬
ject to the same liabilities and restrictions.

Approved, February 8, 1860.

No. 217.] U AN ACT

To amend the charter of the Selma and Gulf Railroad

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the act, entitled “ An Act to incorporate the Selma
and Gulf Railroad Company,” approved 30th January, 1858,
be, and the same is by this act amended as hereinafter
enacted.

Sec. 2. Be it farther enacted , That said company acting
by its Board of Directors, shall have power to guarantee
and secure the payment in such manner and form as said
Board of Directors may prescribe, the bond or bonds of any
other corporation which may belong to said company, or
which it may have the right to use for its legitimate pur¬
poses, and all proper acts and contracts for that purpose
shall be valid and binding on the company.

Sec. 3. Be it further enacted, That said company, acting
by its Board of Directors, shall have power to create and

307

1859-’60.

issue and dispose of in such manner‘as the said Board of
Directors may deem proper for the lawful purposes of the
company, preferred stock: of the company with such stipu¬
lations and conditions annexed thereto, as said Board of l88uec , rtlficate8>
Directors may prescribe, and may issue paper certificates
therefor, which preferred stock shall be entitled to and have
such priority and preference, and for such a per centum
over the general or common stock of the company, as may
be prescribed by said Board of Directors in the terms and
conditions of such preferred stock: Provided , That before
the issuance of any such preferred stock, the maximum
amount thereof, or for which the same may be issued,
shall be fixed and determined by resolution of the
# stockholders of said company, to be passed by the stock¬
holders in convention.

Sec. 4. Beit farther enacted , That it shall be the duty of
the President of said company to convene the stockholders
of the company in convention, whenever required by the
Board of Directors of the company, and at such time and Duty of president
place as said Board may direct, and for this purpose to
notify the stockholders of the time and place of such con¬
ventions by advertisement, published in such newspaper or
papers as said Board of Directors may require.

Approved, February 8, 1860.

No. 218.] AN ACT

To revive and amend the North-Western Railroad Com¬
pany.

Sec, 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama, in Oeneral Assembly convened ,

That the act of the Legislature of this State, entitled “ An.

Act to incorporate the North-Western Railroad Company
of Alabama, approved 20th February, 1854, be, and the
same is by this act revived, with the alterations and amend¬
ments hereinafter specified and enacted.

Sec. 2. Be it farther enacted , That the names of the
persons stated as commissioners in the first section of said
act, be stricken out, and that the following named persons
be substituted in their stead as commissioners, with the trlckcnout
same powers and privileges as are conferred on the com¬
missioners named in said first section, that is to say : Cray
Huckabee, F- H. Hawks, Gideon E. Nelson, William T.

1859-60.

Branch railroad

Capital Stock.

Power? and priv
lieges*.

308

Henden, and A. P. Hatch, of the county of Greene, James
L. Price, It. II. Hudson, P. N. Booker, Samuel M. Hous¬
ton and John M. Jeffries, of the county of Perry, and J.
E. Prestridge, James H. Robinson, C. E. Thames, and
William S. Knox, of the city of Selma.

Sec. o. Be it further enacted , That whereas, a subscrip¬
tion was authorized by the Board of Directors of the Ala¬
bama and Mississippi Rivers Railroad Company, under a
provision of the charter of the last named company, for
stock for the construction of a branch railroad, as the
majority in interest of the persons who might subscribe for
said stock as authorized might determine, said proposed
branch road to be constructed from the point to be desig¬
nated as aforesaid, in the direction of Greensboro, by way
of Newbern ; And ■whereas , sundry persons have subscribed
for said stock under the subscription authorized as afore¬
said, and whereas it is understood that said persons are de¬
sirous of forming a separate company, under the act hereby
revived and amended, and wish to have the sums sub¬
scribed by them for the stock of said proposed branch road
transferred to the company, proposed to be formed under
the last named act, as capital stock thereof and it being
understood that the said Alabama and Mississippi Rivers
Railroad Company are willing for such transfer of said
subscriptions and stock, be it, and it is hereby enacted that
it shall be lawful for said last named company, and power
is hereby eiven to the same, acting by their Board of
Directors, to transfer said subscriptions and stock to the
company which may be formed under the act hereby
revived and amended, and such transfer then made, shall
confer upon and vest in the last named company when
formed, all the rights, powers, privileges and remedies in
relation to said subscriptions, which are possessed by the
said Alabama and Mississippi Rivers Railroad Company,
and on the making of said transfer, the subscriptions and
stock so transferred, shall be regarded as capital stock in
the company proposed to be formed under the act hereby
revived and amended, and said subscribers shall have the
right to subscribe the same as stock on the books of that
company, or upon the subscriptions which may be opened
by the commissioners for stock as authorized' by this and
the last above named act; And whereas , it is understood
that certain persons have subscribed in their own names
for the stock of said proposed,brand) railroad on the sub¬
scription opened for that purpose as aforesaid, with the
understanding and agreement that the same was made for

309

and in behalf of the city of Felma, in its corporate charac- City of Sf ' luia -
ter, and that the subscription of said city should be sub¬
stituted therefor, so soon as an act should be passed
authorizing said city to subscribe for the stock of railroad
companies, said understanding and agreement may under
the provisions ot this act, be carried into effect, according
to the true intent thereof, and the commissioners authorized
to receive subscriptions to the said North-Western Eailroad
Company, are hereby authorized to receive such subscrip¬
tion or subscriptions as may be offered by the city council
of Selma, lor and on behalf of said city, on such terms and uouT. san,lcondl '
conditions as may be offered by said city council, under
authority of any act passed, or to be passed, authorizing
said city to subscribe for the stock of said railroad com¬
panies, and such subscription shall stand in the place of the
subscriptions aforesaid, understood as having been made
lor and on behalf of said city, arid be substituted in accord¬
ance with the understanding and agreement aforesaid.

Sec. 4. Be it farther enacted , That the loth section of A rr eal *
said act hereby revived, be amended by adding thereto,
the words following, to wit: And if the appeal allowed by
this act be not taken, the verdict of the jury in the ad quod
damnum proceedings shall, upon the payment of the
amount of the verdict and the costs of the proceedings, or
the tender thereof, or the deposit thereof, with the Judge
of the Probate Court of the county in which the land in- n . . .

volved m the proceedings may be situate, tor the use ot
the party or parties, who may be entitled to the same shall
be vested in said railroad company, the land included in
the p’oceedings, and sought to be condemned. In all cases
where the owners of the land involved in the ad quod dam-
num proceedings provided for, reside within the State, the
appeal allowed must be taken within sixty days, and in
cases of non-resident owners, or where the owner or owners Sixty days,
are unknown, must be taken within one hundred and
twenty days after the rendition of the verdict iti the ad
quod damnum proceedings, and not afterwards.

Sec. 5. Be it further enacted , That the said North-Wes¬
tern Railroad Company, acting by its Board of Directors in tiau* r t0 ncf0 '
such manner and form as said Board of Directors may pre¬
scribe, shall have power to negotiate and guaranty the
bond or bonds or obligations of any other company or cor¬
poration, which it may own, or have the right to use for
the lawful purposes of the company, and all contracts of
the company made for that purpose by and through its’

1859-’60.

810

Preferred stock.

Provided.

Convene stock
holders.

Branch road.

Open books of
subscription.

Right of way.

Board of Directors, shall be valid and binding on the com¬
pany.

Sec. 6 . Be it further enacted , That said North-Western
Railroad Company, acting by its Board of Directors, shall
have the right and power to create and issue preferred
stock of the company in such form and with such condi¬
tions as said Board of Directors may prescribe, and rnay
issue proper certificates therefor, and may sell, or otherwise
dispose of the same for the use and purposes of the com¬
pany, which preferred stock shall have preference and
priority over the other stock of the company in such man¬
ner and to such extent as the terms and conditions annexed
to the same, to be prescribed by said Board of Directors,
may designate and provide: Provided , That before the
creation and issue of any such preferred stock, the amount
for which the same may be created and issued, shall, in
every ease be fixed and determined by resolution to be
adopted by the stockholders of the company in conven¬
tion.

Sec. 7. Be it further* enacted , That it shall be the duty
of the President of the company to convene the stockhold¬
ers in convention whenever required by the Board of
Directors of the company, and to give such notice to the
stockholders of the time and place for the holding of con¬
ventions, as he rnay deem proper, or as the Board of
Directors may prescribe, by advertisement in one or more
newspapers, as the President or Board of Directors may
determine.

Sec. 8. Be it further enacted , That the said North-Wes¬
tern Railroad Company, acting by its Board of Directors,
shall have power to construct and own, and use in like
manner with its' main railroad, any additional or branch
railroad or roads, as the Board of Directors may determine,
or aid in the construction thereof, on such terms and con¬
ditions, as said Board of Directors may determine, and as
may be agreed on with any other party or parties, and for
this purpose shall have the power to open books of sub¬
scription, and sell stock, such additional or branch road or
roads to be connected with, and operate in connection with
the main road of said company, and for the purpose of
such additional or branch road or . roads, said company
shall have all the rights, powers and privileges for the
procurement and condemnation of lands for road bed, right
of way, turnouts, depots, &c., as are provided by this act,
or the act hereby revived and amended in relation to the
main railroad of said company: Provided , and itis hereby

811

enacted that said company shall not have the right to con¬
struct, oi aid in the construction of any railroad, nor con¬
nect with or run in connection any railroad southward or
south-westward of the town of Union Town, without the
express concurrence of a majority in interest of the stock¬
holders of the company, who may be residents of the city
of Selma, and of the city of Selma in its corporate charac¬
ter, acting by its mayor and councilmen, while said
city shall be a stockholder in said company, and this
proviso shall stand, and shall not be altered without
the concurrence aforesaid, or unless said company or any
other railroad company now chartered or hereafter to
be chartered by this State, shall first pay or tender to
the stockholders who may be residents of the city of
Selma, and to the mayor or city council of said city, p » r value of
respectively, the par value of all the stock in said company, 8tock *
which residents of said city, and said city in its corporate
character may have subscribed for and own, or the amount
paid thereonj* at the time of such payment or tender.

Sec. 9. Be it further enacted , That the last section (the
22d) of the act hereby revived and amended, and every
part of the same act which may be in conflict with this act
or any provision thereof, be, and the same are hereby
repealed.

Sec. 10. Be it further enacted , That the said North-
Western Railroad Company, shall have the right to lease
its railroad to be constructed to the Alabama and Missis- Lcaaeroad ‘
sippi Rivers Railroad Company, or other company or party
on such terms and conditions, and for such time as may be
agreed on by and between the parties to the contract, the
said railroad companies respectively, being authorized to
make said contract of lease, acting by and through their
respective Boards of Directors.

Approved, December 15, 1859.

No. 219.] AN ACT

To amend the Charter of the Marion and Cahaba Railroad

Company. .

Sec. 1. Be it enacted hy the Senate and House of Represent •
atives of the State of Alabama in General Assembly, convened^
That the name of the Marion and Oahaba Railroad Com¬
pany, be, and the same is hereby changed to that of the

18S9-m

312

Rights, powers,
Ac.

Provided.

Bridge over Ala.
river.

Rights, powers

&G,

C ah aba, Marion and Greensboro Kailroad Company, and
by and under the name last mentioned, said company shall
have all the rights, powers and privileges conferred by the
acts of the 13th February, 1850, 2d of February. 1854,17th
February, 1854, and 6th February, 1858; shall sue and be
sued, have a seal, and have all the rights and powers usual
for corporate bodies of like character to have in this State,
not inconsistent with the constitution thereof.

Sec. 2. Be it further enacted , Teat if the railroad of said
company cannot be judiciously laid out and constructed
without interfering with public roads or highways running
across or in the direction of the route thereof, then said
company shall have the right to construct their said road
across or upon such public roads or highways : Provided ,
such company shall change such public roads or highways
to some other locations where necessary, and put the same
in good repair.

Approved, February 2, 1860.

No. 220.] AN ACT

To amend the Charter of the Cahaba, Marion and Greens¬
boro Kailroad Company.

Sec. 1. Be it enacted by the Senate and House of Represent'
ativesof the State of Alabama in General Assembly , convened ,
That the time for the annual meeting of the stockholders
of said company, be, and the same is hereby changed from
the fourth Monday in January, to the second Monday in
March of each year.

Sec. 2. Be it further enacted , That the said Cahaba, Marion
and Greensboro Kailroad Company, be, and they are hereby
authorized and empowered to build a bridge over the Ala*
bama river, at or near the town of Cahaba, for the use of
the said road and for other purposes, and to extend their
said railroad from the town of Cahaba to the city of Mont¬
gomery, or as far in that direction as said company may
deem proper, and to connect with any other road or roads
leading out of said city of Montgomery in such manner
and on such terms as may be agreed on between said rail¬
road.companies, and to intersect or connect with the Selma
and Gulf railroad, and to intersect or connect with any other
road now or hereafter to be chartered, leading in the direc¬
tion of Mobile or Pensacola, and the rights, powers and

313

1859-60.

privileges heretofore granted to said Cahaba, Marion and
Greensboro railroad company, by whatever name or names
heretofore known, are hereby continued to and vested in
said company : Provided\ however , that said bridge shall be
so constructed as not to prevent the navigation of the said
Alabama river by first class steamers and other water crafts.

Sec. 3 Be it further enacted , That the stockholders and
directors of said company are hereby authorized to increase I J' 0 c c r ® ase cai>ita?
the capital stock of said company, to two millionsof dollars.

Sec. 4. Be it further enacted , That the President and
Directors of the Cahaba, Marion and Greensboro railroad
company be, and they are hereby authorized and empowered
to issue the bonds of said company to an amount not exceed- issue bonds. »
ing six hundred thousand dollars, to be payable at such
times and to draw interest at such rates, to become due at
such times as said President and Directors may determine
to be for the interest of said company, which bonds said
company through their President and Direetorsmay sell or
pledge at such rates of discount and upon such terms as
they may consider proper for the interest of said company.

Sec. 5. Be it further enacted , That for the purpose of
securing the bonds of said company hereafter to be issued
and to indemnify and protect sureties for any indebtedness
of said company or any obligation for loans of money or indemnify,
any other matter, said company are authorized to mortgage
their road and all property, real and personal belonging to
them, including all their franchises, rights and privileges of
every kind whatever,and to give the mortgagees or persons
secured by such mortgage or mortgages such powers of
sale and rights as they deem proper.

Approved, February 24,1860.

No. 221.] AN ACT

To amend an act entitled “an act to Incorporate the South
and North Alabama Railroad Company/'

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That the South and North Alabama Railroad Company be,
and is hereby fully authorized and empowered in addition
to the powers conferred by their charter, to construct branch
roads with the main road and to make such contracts or
connections as it may deem necessary with other companies or

1859-’60.

314

other with roads: Provided, that nothing contained in this act
shall change or affect in any manner the course, route or
indication of the road as laid down in the original charter
of the South and North Alabama railroad company.

Approved, February 23, I860.

No. 222.] AN ACT

To Incorporate the Opelika Male Academy.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,
That Walter G. Williams, David Lockheart, Thomas Collier,
A. B. Bennett, John B. Page, Robert S. Brownfield and

Doctor-Darnoll, and their successors in office, be, and

Name and style. they are hereby constituted and declared a body coporate,
by the name and style of the trustees of Opelika Male
Academy, and by that name may sue and be sued, plead
and be impleaded, answer and be answered unto, in all kinds
of actions both in law and equity, may receive donation,
purchase property of any kind, whether personal or mixed
for the sole use and benefit of said Academy, the same to
hold, use, or dispose of at pleasure, and have and use a
£tions? nd regu ‘ common seal; they shall further be empowered to make such
rules, regulations and by-laws for the good government of
the said Academy as may be necessary, the same not being
repugnant to the constitution of the united States or of the
constitution and laws of this State.

Sec. 2. Be it further enacted , That it shall not be lawful
for any person to sell spirituous liquors or wines within the
limits of one mile or less of said Academy,except for medicai,
Liquors, &c. purposesto any student of said Academy, while a student
thereof. And if any person shall sell spirituous liquors or
wines in violation of the provisions of this section, such
person shall be subject to an indictment, and on conviction
thereof, may be fined in a sum of not less than one hundred
nor more than five hundred dollars, for each and every
such offence.

Approved, February 8, 1860.

815

1859-6G.

No. 223.] AN ACT

To Incorporate the Centerville Male and Female Academy
in the county of Coffee.

Sec. i. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,

That Isaiah T. Law, Wm. Mixon, Jacob Dupree, Elisha Body corporate.
Folsom and Wm. Dubos and their successors in office, be,
and they are hereby constituted a body corporate and politic
in deed and in law, by the name and style of the President
and Trustees of the Centerville Academy, and by that name
may sue and be sued, plead and be impleaded, answer and
be answered unto in all kinds of actions, suits in law and
in equity, may receive donation, purchase property of any
kind, whether personal, real or mixed, for the use and
benefit of said institution, so long as the same shall be used
exclusively for purposes of education, tbesame to have and
to hold and dispose of at pleasure, as above provided for;
may have and use a common seal.

Sec. 2. Be it further enacted , That said board shall have
power to make by-laws for the use and government of said By . lawS| &c
school, fix the rate of tuition, &c., and do all necessary for
the benefit of said Academy, not repugnant to the laws of
the State of Alabama.

Sec 3. Be it further enacted , That it shall not be lawful
for any person or persons, to sell vinous or spirituous liquors liquor,
within one mile from said Academy, unless for strictly
medicinal purposes, by and upon the advice of some practi¬
cing physician of good standing, and any person violating
the provisions of this act, shall be fined in a sum of not less
than one hundred, nor more than three hundred dollars, to
be assessed, and collected by any court having cognizance
of the same.

Approved, February 8, 1860.

No. 224.] AN ACT

To amend the Charter of La Grange College.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened ,
That section 1st, of an act, entitled an act, to establish
La Grange College, as amended by an act approved January

316

Change name.

By-laws.

Repealed.

1850, be so amended as to change the name of said College
to that of L i Grange Military Academy.

Sec. % Be it further enacted, That the words “ twenty -
five”, where they occur in the second section of sai i act be
stricken out, and the word “seven” inserted in lieu thereof.

Sec. 3. Be it further enacted , That the word “ seven,”
where it occurs in the third section of said act be stricken
out, and the word “ five” inserted in lieu thereof

Sec. 4. Be it further enacted, That the words “ordinances
and by-laws,” where they occur in the seventh section of
said act shall be stricken out, and the words “ rules and
regulations” be inserted in lieu thereof.

Sec. 5. Be it further enacted , That the 8th section in
said act, be, and the same is hereby repealed, and the follow¬
ing adopted in lieu thereof, “that the head of said institu¬
tion shall be styled the Superintendent, and the instructors
thereof the Professors, and the Superintendent and Profes¬
sors or a majority of them, the Faculty of La Grange Mili¬
tary Academy.”

Sec. 6 . Be it further enacted, That the word presidency where
it occurs in the 12th section of said act, shall be stricken
out and th* word superintendancy inserted in lieu thereof.

Sec. 7. Be it further enacted, That the word “college”
wherever it occurs in said act shall be stricken out and the
words “Military Academy” inserted in lieu thereof.

Approved, February 7, 1860.

No. 225.] AN ACT

To Incorporate the Tuscaloosa Female College.

Sec. 1. Be it enacted by the Ser&te and House of Represent¬
atives of the State of Alabama in General Assembly , convened,
That Landon C. Garland, John J. Ormand, Kichard N.
Harris, Edward B. Yaughan, David Scott and their associates
be, and they are hereby incorporated by the name and style
Name and style, t k e Tuscaloosa Female College, and as such, shall have
perpetual succession, and be capable in law of suing and
being sued, may hold real and personal property not exceed¬
ing in value fifty thousand dollars; make such ordinances
By-iaws. an( j bylaws nofc inconsistent with the constitution and laws
of the State, as are necessary and proper, have a common
seal, confer degrees and grant diplomas, and do all other

817 1859-m

acts which are necessary and proper to effectuate the object
of its creation.

Sec. 2. Be it further enacted, That the officers of said
corporation shall consist of a President, Secretary, Treasurer officers,
and thirteen Trustees, who shall be elected annually, but
shall remain in office until their successors enter upon the
duties of their office; vacancies in the board of trustees
may he tilled by the board of trustees.

Sec. o. f e it further enacted, That the acts and contracts VaIId *
of the said Female College made previous to the passage of
this act, are hereby declared valid and binding upon the
several contracting parties.

Apeuoved, February 7, 1860.

No. 226.] AN ACT

To Incorporate the Six Mile Male and Female Academy in

Bibb county.

Sec. 1. Be it enacted by the Senate and, House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That William P. Thomas, Leroy T. McGuire, Ezekiel C.

Smith, Simpson W. Hederick and Pulaski Wallace, of the
county of Bibb, and their successors in office, be, and they
are hereby constituted a body politic and corporate, by the
name of “ The Trustees of the Six Mile Male and Female
Acanemv,” and by that name may sue and be sued, plead
and be impleaded, make sale, deliver, and receive titles to
property, both real and personal, may receive donations,
beep.e sts and devis-.-s of real and personal property, choses
in action, and may do such other acts as bodies corporate
may do and perform, needful or necessary to the establish¬
ment and perpetuity or prosperity of said academy.

Sec. 2. Be it further enacted, That the said Board of
Trustees, shall have power to elect from their own body, a
President, Vice President, Treasurer and Secretary, and President ana
such ot her officers as they may deem necessary, to a proper Treasurer *
orgamz ition and management of the trust herein confided.

They shall also have power to fill all vacancies which may
occur in the board, by death resignation or otherwise, and
further, if the whole Board of Trustees should become vacant
by death, removal, resignation or otherwise, then in that
case, it shall be lawful for the householders residing within
two miles of said Academy, to hold an election at such time Election.

1859-60.

318

Officers,

Government.

Not lawful to sell
liquor.

and place as they may select near said Academy, (and elect
five new Trustees for said Academy) after first giving ten
days notice of the time and place of said election, and the
said Trustees when elected are empowered to act and
discharge all the duties that the original Trustees had under
this act.

Sec. 3. Be it further enacted , That the Board of Trustees
shall have power to elect teachers and officers for said
Academy, as they may think proper, and fix their salaries
with such powers and duties severally and collectively, aa
the Board of Trustees may prescribe or allow, and that
such teacher may instruct in all the arts and sciences, and
confer all the degrees of literary distinction usual in similar
Academies. The said Trustees shall also have power to
adopt laws for the government of said Academy, and for
their own government, and alter and amend the same at
pleasure : Provided , That the same shall not be inconsistent
with the constitution and laws of the State of Alabama.

Sec. 4. Be it further enacted, That the said corporation
may acquire, own and be possessed of property real and per¬
sonal, not to exceed in value the sum of fifty thousand
dollars, anti that the same shall be forever free from taxa¬
tion.

Sec. 5. Be it further enacted, That it shall not be lawful
for any person to sell, vend or give away in any quantity
less than one gallon of spirituous or vinous liquors, except
for medical purposes, within two miles of said Academy,
and if any person shall sell, vend or give away to any
person spirituous or vinous liquors at any point within two
miles or less of said Academy io violation of the provisions
of this act, such person shall be subject to an indictment
and on conviction, shall be fined in a sum not less than one
hundred nor more than five hundred dollars for each offence.

Approved, December 14, 1859.

No. 227] AN ACT

To Incorporate the Palmyra Female Academy in Barbour

County.

Sec. 1. Be it enacted by the Senate and House of Represent'
olives of the State of Alabama in General Assembly , convened ,
That Duncan Cunningham, Green Beauchamp, James
Tucker, John L. Williams, and their successors in office, be,

819

1859—’60.

and they are hereby constituted and declared a body cor¬
porate, by the name and style of the Trustees of Palmyra
Female Academy, and by that name may sue and be sued,
plead and be impleaded, answer and be answered unto, in
all kinds of actions both in law and equity, may receive
donations, purchase property of any kind whatever, real,
personal or mixed, for the sole use and benefit of said
Academy; the same use, hold or dispose of at pleasure,
and use a common seal, they shall further be empowere*d to
make such rules, regulations and bydaws for the good gov¬
ernment of said Academy as may be necessary, the same
not being repugnant to the constitution of the United States
nor the constitution and laws of this State.

Sec. 2. Be it farther enacted , That it shall not be lawful
for any person to sell spirituous liquors or wines, at any
point within two miles of said Academy, except for medi¬
cinal purposes, and if any .person shall sell spirituous liquors
or wines at any point within two miles or less of said
Academy in violation of the provisions of this act, such
person shall be subject to indictment, and on conviction
may be fined in a sum not less than one hundred nor more
than five hundred dollars, for each and every such offence.

Approved, January 11, 1860.

No. 228.] AN ACT

To Incorporate the New Harmony Male and Female
Academy, in the county of Chambers.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale of A labama in General Assembly convened ,

That Joseph Greer, M. M. Campbell, R. A. Taylor, Isaiah
Fitten, C. M. Sims, H. Daniel and Calvin Presley, and their
successors in office, be, and they are hereby constituted and
declared a body corporate, by the name and style of the
Trustees of the “ New Harmony Male and Female Acade¬
my,” and by that name may sue and be sued, plead and be
impleaded, answer and be answered unto, in all kinds of
actions in law and equity, may receive donations, purchase
property of any kind, whether real or personal or mixed, for
the sole use and benefit of said institution, the same to hold,
use or dispose of at pleasure, and may have and use a com¬
mon seal, and a majority of said Trustees shall be fully
competent to transact all business necessary to carry into

Rule« and regu¬
lations.

Not lawful to sell
liquor.

Body corporate.

1859-60.

820

xlulos and
latior.s.

effect this incorporation, and they or a majority of them
shall be empowered to make such rules, regulations and by¬
laws, for the good government of said institution, as may
reiTU . be necessary, the same not being repugnant to the constitu¬
tion of the United States, or the State of Alabama or the

laws thereof.

Sec. 2. And he it further enacted, That it shall not be law¬
ful for any person or persons to sell spirituous or intoxica-
Not tosoiliquor. ting*liquors within one mile and a half of said academy,
except for medical purposes, and if any person shall sell
spirituous liquors of any kind, in violation of the provi¬
sions of this act, such person shall be deemed guilty of a
i\n;.i»y. misdemeanor and shall be subject to indictment therefor,
and, on conviction, shall be fined in a sum not less than one
hundred dollars, nor more than fve hundred dollars, for
each and every offence to be assessed by the jury trying

the cause.

Sec. 3. And he it further cnactSd , That every attempt to
evade the second section of this act by giving away intox¬
icating liquors, with the understanding expressed or implied
that some remuneration is to be received at that, or some
future time, shall be deemed and held a violation of said
second section of this act, and shall be subject, on convic¬
tion thereof, to all the penalties as imposed in said section
two of this act.

Sec. 4. And be it further enacted, That should any person be
convicted of a violation of the second section of this act,
from whom the fine assessed therefor, cannot be collected
by due course of law, the person or persons so violating
said second section, and convicted therefor, shall be impris¬
oned in the county jail for a term not less than one month,
nor longer than three months, at the discretion of the jury
trying the cause.

Approved, January 30, 1860.

No. 229.] AN ACT

To amend the act to incorporate the Catholic Female Char¬
itable Society of Mobile, approved February, 5th, 1840.

SEC. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the Catholic Female Charitable Society of Mobile be,
and it is hereby authorized to own property to an amount
not to exceed one hundred thousand dollars.

Approved, February 21, 1860.

821

No. 280.] AN ACT

To amend the charter of the East Alabama Male College,

at Auburn*

Sec. 1. Be it enacted by the Senate and House of Represent-'
ativcs of the Stole of Alabama in General Assembly convened,
That the charter of the East Alabama Male College, be ao
amended as to provide as follows: That all Trustees here¬
after to be elected to fill any vacancy in said Board, whether
occasioned by death, resignation or other cause, shall be
elected by the Alabama Conference of the Methodist Epis¬
copal Church South; and, in the event of a division of said
Conference, then the said Trustees shall be elected thereaf¬
ter by the Conference of the.Eastern Division thereof, and
so much of said charter as regulates the election to be
otherwise made be, and the same is hereby repealed.
Approved, February 7, 1860.

No. 231.] AN ACT

To amend an act to Incorporate the East Alabama Male
College at Auburn, in Macon county, approved 1st day
of February, 1856.

Sec. 1. Be it enacted by the Senate and House af Represent¬
atives of the State of Alabama in General Assembly convened ,

That the act to incorporate the East Alabama Male College
at Auburn, in Macon county, be, and the same is hereby
amended by adding thereto the following provisions, and
in order to secure the confidence of those that may
patronize the said college and of the public generally,
and to preserve the good order of said college and the
morals of the pupils who may attend the same.

Seo. 2. Be it further enacted , That from and after the
first day of March, 1860, it shall not be lawful for any per¬
son, other than druggists, keeping regular drug stores, and Drugyig k
practising physicians as hereinafter provided, to sell, vend,
exchange or barter away, for money or other consideration
of value, or for the promise or expectation thereof, within
the corporate limits of the town of Auburn, or within five
miles of the said corporate limits In any direction there¬
from, any brandy, gin or other spirituous liquors, any wipe,

1859-60.

822

Penalty.

Dispose of.

Students.

Penalty.

beer or ale, porter, or other intoxicating beverages, simple
or compound, iu any quantity, large or small, to any person
or persons whatever; and any person or persons offend¬
ing herein shall be liable to be indicted in the proper coun¬
ty, and, on conviction, shall, for the first offense, be fined in
the sum of one hundred dollars, and for the second and
every subsequent offense in addition to the amount of said
fine, shall be imprisoned in the common jail of the county
thre3 months, and until the fine and all the costs of the
prosecution shall be fully paid and discharged, and no license
or permit shall hereafter be granted by any authority or
power whatever in the county of Macon, or in any other
county in this State, nor by any corporation or other body,
to any person or persons to vend or dispose of, contrary to
the provisions of this act, any spirituous liquors, wine, ale,
beer, porter or other intoxicating drinks or beverage, sim¬
ple or compound, from and after the first day of March,
1860, and if any person or persons shall procure any such
license or permit, it shall from and after the said day be
entirely void and of no force whatever; and, all acts con*
Aiding with the provisions of this act be, and the same are
hereby repealed.

Sec. S. Be it further enacted , That any person regularly
engaged in keeping a drug store in the town of Auburn,
and all practising physicians in said town, or within five
miles thereof, may, notwithstanding anything in the prece¬
ding section to the contrary, by authority of a prescription
from a regular practising physician, vend, sell or furnish
wines or liquors, in good faith, for medicinal purposes only ;
but they shall never sell, vend, or give to any student of
the said college, any wines or liquors whatever, for any
purpose, nor upon any pretext, but upon an order of a
member of the Faculty of said college, specifying that the
same is required by such student for medicinal purposes;
and if any druggist or physician shall offend herein, he
shall be fined and punished as provided for in the last pre¬
ceding section of this act, and in addition thereto, on con¬
viction for any offense committed herein, be wholly deprived
of all the benefit or privilege granted under this section.

Appeoved, February 24, 1860.

323

1859-60.

No. 232.] AN ACT

To Incorporate the Pickens Academy.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly , convened
That Davis Wood, William R Scott, Phillip Noland, F.

I). Smith, Lewis Easterling, L. D. Carroll, G. W. Gillespie,

Sardine Ilildritb, S. M. Wendell and Willis Davis and their
successors in office be, and they are hereby constituted and
declared a body corporate, by the name and style of the Bod ^ corporate
“ Trustees of the Pickens Academy,” and by that name
may sue and be sued, plead or be impleaded, answer and be
answered unto, in all kind of actions, both in law and
equity, may receive donations, purchase property of any
kind, whether real or personal or mixed, for the sole use
and benefit of said academy, to hold the real estate already
conveyed to them by J. B. Jennings, B. O. Jennings and
G. Clear, the same to hold, use and dispose of at pleasure,
and have and use a common seal. They are further here* Empowered,
by empowered to make such rules, regulations and by-laws
for the good government of said academy as may be neces¬
sary, the same not being repugnant to the constitution and
laws of Alabama, and a majority of said Trustees shall have Teachers,
power to employ a teacher or teachers, put him in posses¬
sion of the house, and in the making of contracts, and in
the making of said rules and regulations, a majority of said
Trustees shall govern, they shall have the same powers that
similar corporations have, and a majority of all the Trus¬
tees shall constitute a quorum to do business.

Sec. 2. And be it further enacted , That it shall not be law¬
ful for any person to sell spirituous liquors within two miles prihiwteS uor *
of said academy, except for medicinal purposes, and if any
person shall violate this provision of this act, he shall be
liable to be indicted, and, on conviction, shall be fined not
less than one hundred nor more than five hundred dollars.

Sec. 3, And be it further enacted , That all laws contrave¬
ning the provisions of this act fee, and they are hereby
repealed.

Approved, February 24, 1860.

1859-’6Q.

324

No. 233.] AN ACT

To Incorporate the Dayton Female Academy in the town
of Dayton, Marengo county.

Body corporate.

Office?.

Fee simple.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Thomas J. Woolf, John T. Walton, Joseph L. Brown¬
ing, Edward T. Watlington, Levi W. Reeves, Thomas R.
Eaton, Enos Rogers, Richard R. Pickering, John II. Prince,
William E. Clarke, H. J. Askew, M. G. Askew, W. Woolf,
W. E. Pigrarn, Thomas S. Locke, James A. Young and
James L. Terrell, and their successors in office, be, and they
are hereby constituted and declared a body corporate, by
the name and style of the “Dayton Female Academy,”
and as such may sue and be sued, plead and be impleaded,
answer and be answered unto in all suits and actions, both
in law and equity, and have and use a common seal with
such device as they may adopt, and alter the same at their
pleasure, elect or appoint teachers and remove them at their
pleasure, pass or adopt all such ordinances, rules or by-laws
as they may think advisable for the well being and govern¬
ment of said academy, which are not in conflict with the
laws of the State.

Sec. 2. Re it further enacted , That the above named cor¬
poration shall have power to elect a President and live Di¬
rectors, who shall be styled the Board of Directors of said
academy and who shall hold their office for two years from
the date of their election, and during said time shall exer¬
cise all powers which may be delegated to them by said
corporation, consistent with the powers hereinbefore con¬
ferred on said body corporate.

Sec. 3. Be it further enacted , That said corporation is
hereby made capable of having and holding in fee simple,
or any less estate by gift, grant-, devise, bequest or other-
wise, any real, personal or mixed property, not exceeding
in value the sum of twenty-live thousand dollars, and a
majority in interest of said corporators, may sell, alien or
dispose of the same at pleasure.

Sec. 4. Be it further enacted , That no misnomer or mis¬
description of said corporation, herein created in any con¬
veyance, shall defeat the same, but the same shall take effect
in like manner, as if said corporation were rightfully named,
Provided , it be sufficiently described to ascertain the inten¬
tion of the party or parties to the instrument of
conveyance.

325

1859-60.

Sec. 5. Be it farther enacted , That said corporation shall
have power to receive and collect donations and subscrip- Donations,
tions, and invest any surplus thereof for accumulation for
the purposes connected with said academy.

Sec. 6. Be it further enacted , That for every fifty dollars
heretofore and hereafter subscribed to said academy, such snare,
subscriber shall be entitled to one share in the property
owned and held by said corporation now and hereafter.

Sec. 7. Be it farther enacted , That in the election of a
Board of Directors as aforesaid, and other officers of said officers,
corporation, and the direction of all other matters pertain¬
ing to and connected with the welfare and government of
said corporation, each of said corporators shall be entitled
to one vote for every share owned by him as aforesaid.

Sec. 8. Be it further enacted , That if said aedemy and
the property belonging, or which may belong to said cor¬
poration shall be sold, the proceeds of the same, after pay¬
ing all debts due by said corporation, shall be divided be- Debt3,
tween the said corporators and subscribers in proportion to
the share or shares owned by each, as hereinbefore provided
ior.

Sec. 9. Be it further enacted , That from and after the
passage of this act, it shall not be lawful for any person or
persons to retail any spirituous or intoxicating liquors with¬
in one mile of said academy, and any person so offending Sale of liquor
shall be liable to indictment therefor in the Circuit Court of prohibited.
Marengo county, and, on conviction, shall be fined two
hundred dollars for each and every such offense.

Approved, February 7, 1860.

No. 234.] AN ACT

To Incorporate the Prattville Male and Female Academy,
in the County of Autauga.

Sec. 1. Be it enacted hy the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That Daniel Pratt, William II. Northington, Charles S. Gr.
Doster, James M. Smith, J. McNeil Smith, William W.
Fay, Joshua White, H. J. Livingston, S. Mims, Sami.
P. Smith, and C. A. Edwards, be, and they are hereby
constituted a body corporate, under the name and style of
the Trustees of the Prattville Male and Female Academy,
to be located in the Village of Prattville, in this State, and

Body corporate.

1859-60.

326

Trustees.

President.

Teachers.

Management.

Contracts,

Sale of liquors
prohibited.

the persons above named, and their successors in office shall
constitute the Board of Trustees of said Academy or
school.

Sec. 2. Be it further* enacted , That the number of said
trustees shall be thirteen, and the persons above named
shall continue in office until their successors are duly
appointed and accept their appointments, and a majority of
the trustees of said Academy, shall constitute a quorum for
the transaction of business, and a majority'of those remain¬
ing in office shall form a quorum for the election of new
members of the Board to fill vacancies.

Sec. 3. Be it- further enacted , That said trustees shall have
power to elect one of their number President of the Board,
also to elect a Secretary and Treasurer for the same, and to
define the duties of each of their officers, and to require of
their treasurer bond with, security, if they deem it neces¬
sary. They shall also have power to filial! vacancies that
may occur in their Board, and said trustees shall also have
power to remove any member or officer of their body
for misconduct, and appoint some other person in the
the place of the person or persons so removed, they shall
also have power to procure and select competent and suita¬
ble teachers for said school or academy, and dismiss the
same, as they may think best for the interest of said
academjq to prescribe the course of study and to fix the rate
of tuition in the same, and to make and ordain all such by¬
laws, rules and regulations, for the good government and
management of said academy and corporation, that they
may think needful: Provided , the same be not contrary to
the constitution of the Uniced States, and the constitution
and laws of this State.

Sec. 4. Be it further enacted , That said corporation by
its corporate name, shall be, and is hereby made capable
of suing and being sued, plead and be impleaded in all the
courts of the State, also of contracting ana being contracted
with, of taking, receiving, holding and owning donations
of money, or any kind of property, whether the same be
real or personal, for the use of said academy, and the pro¬
perty of said academy to the value of fifty thousand dollars
shall be free and exempt from all taxation and payment
of taxes, so long as it is used or kept for the purposes of
said academy.

Sec. 5. Be it further enacted , That it shall not be lawful
for any person to sell spirituous liquors in less quantities
than five gallons at any point within one mile or less of the
said academy, except for medical purposes, and if any per-

327

1859-60.

son shall sell spirituous liquors or wines in violation of
this section, such person shall be subject to indictment, and
on conviction may be fined in a sum of not less than five
hundred nor more than one thousand dollars for each and
every such offense.

Sec. 6. Be it further enacted , That all laws and parts of
laws inconsistent with this act are hereby repealed.

Approved, February 23, 1860. •

No. 235.] AN ACT

To Incorporate the Male and Female Academy, in the

County of Walker.

Sec. 1 . Be it exacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,

That F. A. Musgrove, Thomas M. Gabbert, P. W. Hamil¬
ton, A. R. Carmichael, D. F. Stovall, J. W. Hampton, F.

A. Gamble, they and their associates and successors in

office, be, and they are hereby constituted a body corporate Bo ' ly corporate *

and politic in deed and in law, by the name and styleof the

Jasper Male and Female Academy, and by that name may

sue and be sued, plead and be impleaded, answer and be

answered unto in all kinds of actions, both in law and

equity, may receive donations, purchase property of any

kind, whether real or personal, for the sole use and benefit

of the said institution, the same to hold, use or dispose of

at pleasure, and have and use a common seal; they shall

further be empowered to make such rules and regulations

and by-laws for the good government of said institution as

may be necessary, the same not being repugnant to the

constitution of the United States, or the State of Alabama,

or the laws thereof.

Sec. 2. Be it further enacted. That all laws and parts of
laws inconsistent with this act are hereby repealed.

Approved, February 23, 1860.

1859-60

328

Body corporate.

Seal.

President and
vice president.

Professors.

No. 236.] AN ACT

To Incorporate the Greenville Female College.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened ,
That a Female College be, and the same is hereby estab¬
lished in the town of Greenville, in the county of Butler,
to be known as the “ Greenville Female College.”

Sec. 2. Be it further enacted , That Dr. T. M. Bragg,
Hon. Thomas H. Watts, Rev. David Lee, Rev. Matthew
Bishop, Rev. Jonathan E. Bell, Dr. T. J. Broughton,
Joseph G. Thomas, James J. Calvin, and John Gamble,
Esq., and their successors in office be, and the same are
hereby constituted a body politic and corporate, to be
known by the name and style of the “Board of Directors of
the Greenville Female College,” and by th^J name shall have
perpetual succession, may sue and be sued, plead and be
impleaded, as natural persons, make, seal and deliver and
receive titles to property, both real and personal, may
receive donations, bequests and devises of real and personal
property, choses in action and money, and do such other
acts as bodies corporate may do and perform needful and
necessary to the establishment and purpetuity or prosperity
of said college, and they may have and use a seal, with
such device or devices as they may deem meet, and the
same at pleasure revoke: Provided 1 That in making titles
to real property under order of the Board of Directors, the
same shall be signed by the President, and countersigned
by the Secretary.

Sec. 3. Be* it further enacted , That the Board of Direc¬
tors shall have power to elect from their own body a
President, Vice-President, Treasurer and Seoretary and
such other officers as they may deem necessary to a proper
organization and management of the trust herein confided,
and assign to each their respective duties, they shall also
have power to fill all vacancies which may occur in the
Board by death, resignation or otherwise.

Sec. 4. Be it further enacted , That said Board shall
further have power to elect professors, tutors and other
officers of said college, as they may think proper, and fix
their salaries with such powers and duties severally and
collectively, as the Board may prescribe or allow, ana who
shall constitute the Faculty of said college, and who may
instruct in all the arts and sciences, grant diplomas, and
confer all. the degrees of literary distinction, usual in similar

329

female institutions of learning in the United States. The
said Board of Directors shall also have power to form or
adopt a code of bydaws for the government of said college,
and for tiieir own government, and to alter or amend the
same at pleasure: Provided , the vsame be not inconsistent Pr07ided
with the constitution or laws of the State of Alabama, and
three of said Board shall be a quorum to do business, but
they shall not at any meeting make any contract incurring
any pecuniary liability, unless notice of such meeting has
been given to three fourths of the members of said Board,
at least three days previous thereto: Provided, this article
shall not be construed so as to prevent a majority of the
whole Board at any meeting without such notice to create Notice,
any debt or incur any pecuniary liability not exceeding
the amount of cash on hand, and notes esteemed good in
their possession.

Sec. 5. Be it further enacted , That said Board of Direc- Endowment,
tors may procure an endowment for said college, or any
professorship therein, the interest of which shall be alone
expended : Provided , said fund and interest shall be under
the control and direction of the Board of Directors.

Sec. 6 . Be it further enacted , That no misnomer or mis¬
description of said corporation herein created in any will,
deed, gift, grant, devise or other instrument of contract or
conveyance, shall in any wise defeat or vitiate the same, Deed ’ glft ’ &c
but the same shall take effect in like manner, as if suffi¬
ciently described to ascertain the intentions of the party or
parties to such instrument.

Approved, February 15, 1860.

No. 237.] AN ACT

To Incorporate Haw Bidge Academy.

Sec. 1. Be enacted by the Senate and House of Represent *
atives of the State of Alabama in Qemval Assembly , convened^

That Isaac N, Preston, Green B. Williamson, Wyly God¬
win, Green B. Clark, and J. G. Steed, and their associates
and successors in office be, and they are hereby constituted

a body corporate and politic, under the name and style of

the “Trustees of Haw Bidge Male and Female Academy,’ ycorpora e.
in Coffee county, and by that name may sue and be sued,
plead and be impleaded, answer and be answered unto in prop

all actions of law or equity, may receive donations, purchase e rt y .

Sale of liquors
prohibited.

Penalty.

Body corporate,

Hold property.

Regulations.

President and
Treasurer.

property, whether real or personal, or mixed for the benefit
of said institution, the same to have, hold and dispose of
at pleasure, and may have and use a common seal; may
make all rules and regulations, or by-laws necessary for
the government of said academy, not repugnant to the con¬
stitution of this State, or of the United States,

Sec. 2. Be it further enacted , That it shall not be lawful
for any person or persons to sell spirituous or vinous
liquors, within one mile of said academy, unless for medi¬
cinal purposes, upon the recommendation of some practising
physician of good standing.

Sec. 3. Be it further enacted , That any person violating
the provisions of the second section of this act shall be
subject to a fine of not less than one hundred nor more
than five hundred dollars for each offense.

Approved, February 15, 1860.

No. 238.] AN ACT

To Incorporate Perote Male and Female High School.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That Dr. A. McCall, Isaac Ardis, George A. Rogers, James
M. Sinquefield, Moses Padgett, John A. Smith, Jesse
Locke, and their successors in office be, and they are here¬
by constituted a body corporate and politic, in deed and in
law, by the name and style of the “President and Trustees
of the Perote Male and Female High School,” and by that
name may sue and be sued, plead and be impleaded, answer
and be answered unto in all kinds of actions, suits in law
and equity, may receive donations, purchase or sell prop¬
erty of any kind whatever, real, personal or mixed for the
use and benefit of said institution, the same to have, hold
and dispose of at pleasure for the use above specified, and
may have and use a common seal.

Sec. 2. Be it further enacted , That they shall be em»
powered to make such rules and regulations for the general
government of said High School, as may be necessary,
the same not being repuguant to the laws of the United
States, or of this State.

Sec. 3. Be it further enacted , That the said trustees
shall have power to elect for themselves a President, Treas¬
urer and Secretary and prescribe the duties of each, and

331

1859 - 60 .

they may organize such Faculty for the superintendence of
said High School, as they deem proper, may fix rates of
tuition, may make such regulations and provide such per¬
sons for granting certificates, diplomas or other evidences
of scholarship, as may be necessary.

Sec. 4 . Be it further enacted , That the number of said
trustees shall be seven, and the persons above named shall
continue in office until their successors are duly appointed TrU9tee3 -
and accept their appointments, and a majority of said High
School shall constitute a quorum for the transaction of
business, and a majority of those remaining in office shall
form a quorum for the election of new members of the
Board to fill vacancies.

Sec. 5. Be it further enacted , That it shall not be lawful
for any person to sell spirituous liquors or wines at any gaJe of ]{(}uor
point within two miles of said academy, except for medical prohibited,
purposes, and if any person shall violate the provisions of
this section, he shall be subject to indictment, and on con¬
viction thereof, shall be fined in the sum not less than one
hundred nor more than five hundred dollars, for each and
every offense, one-half to be paid to the informant and the
other into the treasury of the county of Pike, State afore¬
said.

Approved, February 21, 1860.

No. 239.] AN ACT

To amend An Act, Incorporating the Male and Female
Academies at Glennville, Barbour County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That An Act approved on the 27th January, 1846, entitled
An Act incorporating the Ma^e and Female Academies at Repealcd
Gleenville, Barbour county, be, and the same is hereby
amended by changing the name of the Male Academy to
that of the “ Glennville Male Collegiate and Military In¬
stitute.”

Sec. 2. Be it further enacted , That the words “ twenty
thousand” where they occur in the proviso to the second
section of said act, be, and the same are hereby stricken out,
and the words “ oneTtundred and fifty thousand” be inserted
in lieu thereof.

Approved, February 21, 1860.

332

Body corporate.

Exempt from
taxation.

Sale of liquors
prohibited.

No. 240.] AN ACT

To Incorporate the Mount Hebron Male and Female Aca¬
demy, in Greene County.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, con vened,
That Simeon Maxwell, Cephas L. Wilson, Arnold Jolly,
Frank P. Snedeeor, and Josiah Collins, their associates and
successors in office be, and they are hereby declared a
body corporate, by the name and style of the Trustees of
the Mount Iiebron Male and Female Academy, and by
that name may sue and be sued, plead and be impleaded,
answer and be answered unto, both at law and in equity,
may receive donations, purchase property, whether real,
personal or mixed, and dispose of the same at pleasure,
may have and use a common seal, and change the same at
pleasure; they shall further be empowered to make all
such rules and regulations for the good government of said
academy, and the students thereof, as may be necessary,
not repugnant to the constitution or laws of this State or
the United States.

Sec. 2. Be it further enacted, That so long as the prop¬
erty, real or personal, of said corporation, shall be used for
educational purposes, tbe same shall be exempt from taxa¬
tion of any kind: Provided !, said property does not exceed
in value ten thousand dollars.

Sec. 3. Be it further enacted , That it shall not be lawful
for any person to sell spirituous or fermented liquors, wine
or any other intoxicating beverage in any quantities what¬
ever, large or small, except for medicinal, mechanical or
sacramental purposes at any point within two miles of said
academy, and if any person shall sell spirituous or fermen¬
ted liquors, wines or any other intoxicating beverage, in
violation of the provisions of this section, shall be subject
to indictment, and on conviction, may be lined in any sum
not less than one hundred nor more than five hundred
dollars, at the discretion of the jury trying the same, for
each and every such offense.

Approved, December 15, 1859.

383

No. 241.] AN ACT

To Incorporate the Olavton Female College in Barbour

County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That a College of the highest grade for the education of
young lailies, be, and^he same is hereby established in the
town of Clayton in the county of Barbour, to be known as
the Clayton Female College.

Sec. 2. Be it further enacted , That R. II. Fryer, B. F.

Petty, L. Lee, S. F. Lightner, II. D. Clayton, J. C. McNab,

M. B. Feme, J, C. McNeill, W. Clark, H. M. Tompkins, B.

Morris, J. Buford, A. II. Borders, Seth Mabry, J. S. Wil¬
liams, G. W. Coleman, B. F. Pearson, M. D. Oliver, J. H.

Miller, W. R, Cowen, R. Dill, C. Petty, and their successors
in office, be, and the same are hereby constituted a body BodycOTporate<
politic and corporate, by the name and style of the Trustees
of the Clayton Female College, with the right and power
Of exercising all and singular, the privileges, incidents and
capacities of corporations aggregate, to sue and be sued,
plead and be impleaded, grant or receive, contract or be
contracted with, and do and perform all other proper and
necessary acts and things as individuals, to purchase and
hold real and personal property for the use and benefit of IIold property,
said College, that may have and use a seal with such device
or devices as they may deem proper, and change the same
at pleasure : Provided , That in making titles to real property
under order of the Board of Trustees, the same shall be
signed by the President and countersigned by the Secre¬
tary.

Sec. 3. Be it further enacted , That the Board of Trustees
shall have power to elect from their own body a President,

Vice President, Treasurer and Secretary, and such other Pre8ldent '
officers as they may deem necessary to a proper organiza¬
tion and management of the trust herein confided,and assign
to each their respective duties. They shall also have power
to fill all vacancies which may occur in the Board by death,
resignation or otherwise.

Sec. 4. Be it further enacted , That said Board shall fur¬
ther have power to elect a President, Vice President, Pro*officer,
fessors and other officers of said College, as they may think
proper, and fix their salaries, with such powers and duties
severally and collectively as the Board of Trustees may
prescribe or allow, and who shall constitute the faculty of

1859-’6G.

834

said College, and who may instruct in any department of
science, literature or art, grant diplomas and confer all the
degrees of literary distinction usual in the highest female
By-iaws, &c. institutions in the United States; that said Trustees shall
have power to form and adopt a code of by-laws for their
own government and for the government of the College
and to alter or amend the same at pleasure : Provided , The
same be not inconsistent with the constitution of the State
of Alabama; and ten members of said Board of Trustees
shall be a quorum to do business, but they shall not at any
meeting, make any contract incurring any pecuniary liabiliy
unless notice of such meeting has been given to three-fourths
of the members of said Board, at least three days previous
Notice. thereto; although a majority of the whole Board may at
any meeting without such notice, create a debt or incur a
liability not exceeding the amount of cash in hands and
notes esteemed good in their possession.

Endowment, Sec. 5. J Be it further enacted. That said Trustees may pro¬
cure an endowment for said College or for any chair or pro¬
fessorship therein, the interest of which shall alone be
expended: Provided , Said fund and interest shall be under
the control and direction of the Trustees.

Misnomer. & c . Se ?‘ ?• ^ father enacted, That no misnomer or mis¬

description of said corporation herein created in any will,
deed, grant, devise or other instruments or contract or con¬
veyance, shall in anywise defeat or vitiate the same, but the
same shall take effect in like manner as if said corporation
were rightly named; Provided, It be sufficiently described
to ascertain the intention of the party to such an instru¬
ment.

Sec. 7. Be it father enacted , That the said corporation
may acquire and be possessed of property real and personal
not to exceed in value the sum of fifty thousand dollars,
and the College grounds with the improvements thereon,
personal. with all the property and estate, real and personal held and
owned by said corporation under this act, shall be free and
exempt from taxation, whether the same be for State,
county or municipal purposes.

Term of office. Sec. 8. Be it further enacted , That the term of office of
each Board of Trustees shall be two years, at the expiration
of which term a new election shall be held by any number
of the stockholders who shall meet regularly for the purpose.
Provided , Said stockholders shall represent not less than one-
fourth of the whole amount of stock subscribed to said in¬
stitution, and each Board shall continue in office until their

335

1859-'0O.

successors are duly appointed and qualified to enter on their
duties, and no religious denominational test shall be made
as a qualification of any Trustee.

Approved, February 10, 1860.

No. 242.] AN ACT

To Incorporate the Aberfoil Academy, in the county of

Macon.

Sec. 1 . Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly , convened ,

That Howell Peebles, John All urns, Simon Stinson, N. G.

Owens, and their successors in office, be, and they are hereby
constituted and declared a body corporate, by the name and Body corporate,
style of “The Aberfoil Academy,” and by that name, may
sue and be sued, plead and be impleaded, answer and be
answered unto, in all kinds of actions, both in law and
equity, may receive donations, purchase property of any
kind whether real or personal or mixed, the same to hold,
use or dispose of at pleasure, and to have and use a common
seal; they shall further be empowered to make such rules,
regulations and by-laws for the good government of said
Academy as may be necessary, the same not being repug¬
nant to the constitution of the United States or the consti¬
tution and laws of this State.

Sec. 2. And be it further enacted , That it shall not be
lawful for any person to sell spirituous liquors or wines at
any point within two miles or less of said Academy, except
for medical purposes ; and if any person shall sell spirituous ^ e hi ^ t ^ uor "
liquors or wines in violation of the provisions of this section,
such persons shall be subject to indictment, and on convic¬
tion may be fined in a sum not less than one hundred nor
more than five hundred dollars, for each and every such
offence.

Approved, February 21, 1860,

1869-’60.

336

Body corporate*

Sale of liquors
prohibited.

No. 213.] AN ACT

To amend the Charter of Howard College at Marion, Ala.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened r ,
That the act to incorporate Howard College at Marion^
Alabama, be so amended as to allow the Alabama Baptist
State Convention to appoint ten additional Trustees for said
College.

Sec. 2. And be it further enacted , That the action of
appointing ten Trustees by said convention, at Gainsville,
in November, 1858, be and the same is hereby legalized,
and made valid in law.

Approved, February 21, 1860.

No. 244.] AN ACT

To Incorporate the Indian Creek Male and Female Academy

in Pike county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That B. H. Brantley, T. II. Dennis, H. II. Coudrey, C.
Crowley, J. W. Ashley, J. F. Rodes, M. Dasinger and Hil-
lory Hooks, of the county of Pike, and their successors in
office, are hereby constituted and declared a body corporate,
by the name and style of “The Indian Creek Male and
Female Academy,” and by that name may sue and be sued,
plead and be impleaded in all kinds of actions, either in law
or equity, may receive donations, purchase, possess and Hold
property real or personal for the sole use and benefit of
said Academy, the same to hold, use or dispose of at pleasure
and to have and use a common seal. They are further
empowered to make such rules and regulations and by-laws
for the government of said Academy as may be necessary,
the same not being repugnant to the constitution of this

Sec. 2. And be it further enacted , That it shall not be
lawful for any person to sell spirituous or vinous liquors
within one mile (in any direction) of said Academy, except
for medicinal purposes, and if any person shall sell spirituous
or vinous liquors contrary to the provisions of this act,

387

such person shall be subject to indictment, and on convic¬
tion may be fined in a sum not less than thirty*seven nor
more than two hundred and fifty dollars for each offence.
Approved, February 9, I860"

No. 245.] AN ACT

To Incorporate the Plantersville Institute in Talladega

County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.

That William A. Welch, Isaac Stone, William A. Morris,

James G. Swain, Thomas II. lleynolds, Nathaniel Welch
and Claiborne C. Gorman, and their associates and successors
in office, be, and they are hereby constituted and declared Body corporate,
a body corporate, by the name and style of the “Planters¬
ville Institute,” and by that name, they may sue and be
sued, plead and be impleaded, answer and be answered unto
in all kinds of actions, both in law and equity, may receive
donations, purchase property of any kind whether real or
personal or mixed, the same to hold, use and dispose of at
pleasure, and to have and use a common seal; they shall
further be empowered to make such rules, regulations and
by-laws for the good government of said institute as may
be necessary, the same not being repugnant to the constitu- .
tion or laws of this State.

Sec. 2. Be it further enacted, That so long as the property from
real, personal or mixed of said corporation shall be used taxation,
for the purpose s of education, the same shall be exempt
from taxation of any kind, provided said property does not
exceed in value the sum of ten thousand dollars.

Sec. 8. Be it further enacted , That it shall not be lawful
for any person or persons to sell spirituous liquors or wines
within one mile or less of said institution, except for
medicinal purposes, and if any person or persons shall
sell spirituous liquors or wines in violation of the pro¬
visions of this section, he shall be subject to indictment,
and on conviction, may be fined in a sum of not less than
one hundred nor more than five hundred dollars for each
and every such offence.

Approved, February 9, 1860.

1859-60.

838

Highest grade.

Board trustees.

Provided.

No. 246.] AN ACT

To Incorporate “Wood Lawn Female Institute,” in the

County of Macon.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, con vened\
That the Seminary heretofore known as “ Wood Lawn
Eemale Seminar}-,” be, and the same is hereby incorporated
as a College of the highest grade, for the education of young
ladies, under the name and title of u Wood Lawn Collegiate
Institute for young Ladies.”

Sec. 2. Be it further enacted , That Col. R. II. Powell,
Dr S. R. Bell, W. A. Thompson, Esqr,, Dr. J. M. Foster,
Thos. Youngblood, Esqr., Dr. W. S. Mabson, Job. Thomp¬
son, Esqr., W. T. Hubbard, Esqr., J. A. Jones, Esqr., P. II.
Youngblood, Esqr., J. T. Norman, Esqr., and Rev. F. II.
Moss, and their sucessors in office, be, and the same are
hereby constituted a Board of Trustees for said Institute,
with power together with the faculty of said Institute, to
adopt a course of study, to grant diplomas, confer all the
degrees of literary distinction usual in the highest female
institutions in the State of Alabama, to adopt a code of
by-laws for the regulation of the College, and to alter and
amend the same at pleasure : Provided , The same be not
inconsistent with the constitution of the State of Alabama.

Sec. 3. Be it farther enacted , That the College grounds
with nil the improvements thereon, with all the property
and estate, real and personal, belonging to and devoted to
the purposes of said College, be exempt from taxation,
whether the 3 ame be for State, county or municipal purposes.

Approved, February 14, 1860.

No. 247 ] AN ACT

To Incorporate the Lineville Male and Female Academy in

Talladega County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That W, L. Kir ley, Thomas Adams, W. D. Haynes, J. W.
Kin°', H. A. Manning, J. L. Barnhill, James D. Jordan, J.
D. McCar, Levi Webb, L. Davis and S. P. Carroll, they and
their associates and successors in office, be, and they are

839

1859-60.

hereby constituted a body corporate and politic in deed and
in law, by the name and style of the Lineville Male and
Female Academy, and by that name may sue and be sued,
plead and be impleaded, answer and be answered unto, in
all Kinds of actions, both in law and equity, may receive
donations, purchase property of ail kinds whether real,
personal or mixed, for the sole use and benefit of the said
institution, the same to hold, use or dispose of at pleasure,
and have and use a common seal; they shall further be
empowered to make such rules, regulations and by-laws for Rules,
the good good government of said institution as may be
necessary, the same not being repugnant to the constitution
of the United States, of the State of Alabama or the laws
thereof.

Sec. 2. Be it further eyiacted , That from and after the
expiration of twelve months from the date of this act, it
shall not be lawful for any pers m or persons to retail or
vend any spirituous or intoxicating liquors within one mile
or less of said Academy, except for medical purposes, and
any person or persons offending against the provisions of
this section shall be deemed guilty of a misdemeanor, and
on conviction upon indictment in the Circuit Court shall be
fined in a sum of not less than one nor* more than three
hundred dollars, at the discretion of the jury trying the
same.

Sec. 3. Be it further enacted , That all laws and parts of
laws inconsistent with this act, are hereby repealed.

Approved, February 9, 1860.

No. 248.] AN ACT

To amend an act, approved February 8th, 1858, to Incor¬
porate the Male and Female Academy in Fayetteville,
Talladega county.

Sec. 1 . Be it enacted by the Senate, and House of Represent*
atives of the State of Alabama in General Assembly convened ,
That James Vissels, William N. Crawford and.Doctor Whit¬
field Patterson be, and they are hereby added to the num¬
ber of persons named as corporators or Trustees in said act
to incorporate the Male and Female Academy in Fayette¬
ville, Talladega county, with the right to exercise the same
powers in connection with those already named, which are
conferred by said act.

Approved, January 25, 1860.

340

Body politic.

Seal.

Professors.

By-laws.

.Endowment,

No. 249.]

AN ACT

To Incorporate the “ Octavia W. LeYert Normal College”
for young ladies at Dadeville, in the county of Tallapoosa.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in (ieneral Assembly^ convened ,
i'hat Lucien LaTaste, L. E. LaTaste, and such other per¬
sons as are now or may be herc-alter associated with them
in the Faculty of the nioresaid college, and their successors
in office, be, and they are hereby created and constituted a
body politic and corporate, under the name and style of
“The Trustees of the Octavia W. LeVerfc Normal College
for Young Ladies,” and by that name they shall be capable
in law and equity to sue and be sued, plead am) be im¬
pleaded, grant or receive, contract or be contracted with;
may receive donations, bequests or devises, purchase and
hold lands or other real estate and personal property for the
use and benefit of said college; they may have and use a
seal of such device or devices as they may deem proper,
and the same at pleasure alter or revoke, and they may do
all other tilings necessary and proper for the management of
said college and the promotion of education therein: Pro¬
vided^ That in making titles to real property the same shall
be signed bv the President, and countersigned by the
Secretary.

Sec. 2. Be it further enacted , That the said Lucien La-
Taste, as President of the aforesaid college, shall be ex-
ojjlco President of the Board of Trustees. As such he shall
have the power to employ such professors, tutors and other
officers of said college, as he may think proper, fix their
salaries and prescribe their duties; the said President and
other officers shall constitute the Faculty of said college,
and may give instruction in any or aii of the arts and
sciences, grant diplomas and eon h r all the degrees of liter-,
ary or scientific distinction usual in similar colleges in the
United States. The said Trustees shall also have the power
to adopt a code of bv-laws for the government of the said
college, and for their own government, and alter and amend
the same at pleasure: Provided, tphe same shall not be vio¬
lative of the constitution or laws of the State of Alabama,
or of the United States.

Sec. 8 . Be it further enacted That said Trustees may
procure ari endowment, either for said college or any pro¬
fessorship therein, the interest of which shall alone be

expended : Provided, said fund and interest shall be under
th ( c.i ntrol and direction of the Trustees.

Sec. 4. Be it further enacted , That no misnomer or mis¬
description of said corporation herein created in any will, Misn0D3er
deed, gift, grant, devise or other instrument of contract or con¬
veyance, shall m any way defeat or vitiate the same, but the
same shall take effect in like manner, as if said corporation
had been rightly named: Provided , it be sufficiently de¬
scribed to ascertain the intention or intentions of the party
or parties to such instrument.

Sec. 5. Je it further cna ted , That the property and es¬
tate, real and personal, held and owned by the Trustees of Prc, P ert r*
said college, under and by virtue of this act, shall be free
and exempt from taxation.

Sec. (>. Be it further enacted , That should a vacancy
occur in the office of President of said college, either by office of presi¬
dent!), resignation or otherwise, the same may be filed by
the remainder of the Faculty, sitting as Trustees.

Approved, January 25, lb60.

No. 250.] AN ACT

To Incorporate Pleasant Hill Academy in Barbour county.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the Slate oj Alabama in General Assembly , convened ,

That the patrons of said academy are hereby authorized to
form themselves into a body ot Trustees of Pleasant Hill
Academy, and their successors in office be, and they are Body corporate,
hereby constituted and declared a body corporate, by the
name and style of the Trustees of Pleasant IIUl Academy,
and by that name may sue aud be sued, plead and be irn-
peaded, answer and be answered unto in all kinds of action,
both in law and equity, may receive donations, purchase
property of any kind, whether real, personal or mixed, for
the sole use and benefit of sai#academy, the same to hold,
use or dispose of at pleasure, and have and use a common
seal; they shall further be empowered to make such rules, Rules *
regulations and by-laws for the good government of said
academy as may be necessary, the same not being repug¬
nant to the constitution of the United States, or of the
constitution and laws of this State.

Sec. 2. And be it further enacted, That it shall not be law- Sale of liquors
ful for any person to sell spirituous liquors or wines in less prohlblted *

1859-’60.

Style.

Sale of liquors
prohibited.

342

quantities than one quart within one mile of said academy,
except for medicinal purposes, and if any person shall sell
spirituous liquors or wines in violation of the provisions of
this act, such persons shall be subject to indictment, and, on
conviction, may be fined not less than one hundred nor
more than five hundred dollars for each and every such
offense.

Approved, February 21, 1860.

No. 25 L] AN ACT

To Incorporate Welborne Academy in Russell county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State o/ Alabama in General Assembly convened ,
That George 0. Hugelly, Hugh P. Johnson, V. P. Iioque-
more, William Terry, F. G. Jones and their successors, of
Russell county, Alabama, be, and are hereby incorporated
under the style of the tl Wei borne Academy,” and by that
name shall be entitled to the privileges and subject to tbe
duties imposed upon like corporations by the laws of
Alabama.

Sec. 2. Be it further enacted , That it shall not be lawful
for any person or persons to sell intoxicating liquors within
one mile of said academy, except for medicinal and sacra¬
mental purposes, and any person violating the provisions of
this act shall be deemed guilty of a misdemeanor and, on
conviction, shall be fined not less than one hundred dollars.

Approved, February 21, I860.

No. 252.] AN ACT

To Incorporate the Montgomery Law School, and to make
it the Law Department of*the University of the State.

Sec. 1. Be it enacted Inj the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That there be authorized and established, in the county of
Montgomery, a body politic and corporate, to be called the
Montgomeiy Law School.

Sec. 2. Be it further enacted , That the corporate powers

343

1859-'60.

shall be and are hereby vested in the Judges of the Supreme
Court ex officio .

Sec. 3. Beit further enacted, That said Trustees, or a ma¬
jority of them shall have power to appoint one or more per- vacancy,
sons to te&ch in said school, to fill any vacancy that may
occur in the professorship or professorships, to enact such
by-laws as they may deem proper, so that the same be not re¬
pugnant to the laws of the land, to elect such other officers as
they may deem necessary or proper to the said school, to
have a common sea), to contract and be contracted with, to
sue and be sued by the corporate name aforesaid, to acquire,
receive and hold by purchase all such real and personal
estate as may by the Trustees be deemed proper for the pur¬
poses of said school, and the same to alien for the benefit
of said school; and and all property, real and personal, of Provided
said school, is hereby exempted from taxation : Provided ,

That the founder of said school shall continue as the teacher
therein, and that no other or additional teacher shall be
elected or appointed therein without his consent, whilst he
continues in said position.

Sec. 4. Be it further enacted, That the said school shall License
have power to issue licenses to practice in all the courts of
the State, and also to confer such honors and degrees as are
usually conferred by law schools, and the same to revoke.

Sec* 5. Be it further enacted , That the Judges of the Su-^ ^ ^ ^
preme Court shall not be incapacitated from bearing or p? e £? C ourt. u '
deciding any cause by reason of the said corporation being
a party.

Sec. 6. Be it jwither enacted , That this school shall be
and is hereby attached to the University of Alabama as the
Law Department thereof, but this clause shall not in any Mana?emCDtand
manner interfere with the sole management and control ot contr ° l *
the school by its own Trustees ; nor shall it give to it any
of the funds or property now held or claimed by the
University.

Sec. 7. Beit further enacted, That the students of the Books,
school may resort to and use the books of the State and
Supreme Court libraries consistently with the rules govern¬
ing said libraries.

Sec. 8. Beit further enacted, That the Governor of the Rooms.

State may allow one or more rooms in the Capitol to be
used lor the purposes of said school, not being inconsistent
with the present or future use of such room or rooms, and
subject to the discretion of the Governor or Legislature.

Sec. 9. Be it further enacted, That the charter may be charter.

1859-00.

344

Resolution.

Powers.

Body corporate.

Locate institu¬
tion.

modified, altered or repealed upon the application, or by
the consent of two-thirds of the Trustees of the school.

Sec. 10. Be %t further enacted , That the Trustees of the
University of Alabama may at any time, by a,resolution
entered on their minutes, dissolve "all connection bet ween
said University and the corporation hereby created, and the
law school hereby incorporated shall thereafter cease to be
a department of or have any connection with said Univer¬
sity ; and the same power is hereby reserved to the Trus¬
tees of the corporation hereby created, at their pleasure, at
any time hereafter, by resolution entered on the minutes of
their proceedings, to dissolve all connection with said
University.

Sec. 11. Be it further enacted, That all laws and parts of
laws inconsistent with the provisions of this act, be pro tan to
repeal d.

Approved, January 25, 1860,

No. 253.] AN ACT

To establish an Institution for the Deaf and Dumb.

Sec. 1 . Be it enacted by the Senate and House of Represent'
a fives of the State of Alabama in General Assembly convened ,
That there shall be established in this State an institution
for the education of deaf and dumb persons.

Sec. 2, Be it further enacted , That for the accomplish¬
ment of this object, Gabrn 1 B. DuVal, the Superintendent
of Public Education in this State, and his successors in
of ft ce, together with four other persons to be appointed as
hereinafter provided, are hereby created a body corporate,
with rights of succession forever, by the name of “ The
Alabama Institution for the Deaf and Dumb,” and in that
name they may hold property, real and personal, by gift,
devise, or any other manner, for the purposes aforesaid,
they may sue and be sued in that name, contract and be
contracted with, and they may have and use a common
seal and break or alter the same at pleasure, and they are
hereby clothed with all powers necessary and proper to
accomplish the purposes of this act, and they shall have
power to locate said institution, and purchase a site there¬
for, together with the necessary buildings, or cause the
same to be erected.

Sec. 3. Be it further enacted , That said four other persons

845

shall be nominated by the Governor of this State to the

Senate who shall confirm the nomination of sir eh as they Nominations bj

may approve, and it any one or more is or are rejected,

the Governor shall nominate others, until the number is

complete, and should a vacancy occur, the Governor shall.

have power to fill the vacancy by appointment, which shall

be good until the next meeting of the Legislature, and

until his successor is duly appointed. The-e four persons,

together with the said Superintendent of Public Education,

shall constitute a Board of Commissioners, who shall have Board ofcommis-

the entire management and control of said institution. 81oners '

Sec. 4. Be it further enacted , That a majority of said
Board shall have power to act, and they shall meet and
adjourn from time to time, as in their judgment the inter¬
ests of said institution may require. They shall appoint a
Secretary and keep a complete record of all their proceed-secretary,
ings in a well bound book. The Superintendent of Public
Education for this State, is hereby declared to be the treas- Treagurer .
urer of said institution, in virtue of his said office, and the
duty of receiving and holding the funds of said institution,
and paying them out as hereinafter directed, is hereby
made a part of his duty as such officer, and he and his 0fficergt
securities shall be responsible on his official bond for all
funds which may come to his hands under this act.

Sec. 5. Be it further enacted , That the treasurer of said insti¬
tution shall pay over such funds as may come to his hands, R J
as such on the written order of the Board of Commission¬
ers, or a majority of them, which said order shall be also
countersigned by the Secretary and recorded in the minutes
or records of the proceedings of the Board, to be kept by
said Secretary ; and the said treasurer shall make a full
report once a year, and oftener if required by the Gov¬
ernor.

Sec. 6. Be it farther enacted , That said Board of Com¬
missioners shall appoint from their number a President of
th eir Board, and said Board shall appoint a principal
teacher for said institution, who shall have power to nomi¬
nate to said Board such other assistants in said institution,
as he may think necessary for its successful management,
said Board having the power of confirmation or rejection.

The Board shall fix the amount of compensation for each
of the officers, and the time of payment.

SEC. 7. Be it further enacted , That the sum of twenty
thousand dollars be, and the same is hereby appropriated
out of any moneys in the treasury, not otherwise appropri- .
ated, for the purchase of a suitable situation, and buildings buildings.

1859-’60.

346

Application.

Sworn to.

Name?, ages

Provided.

Pupils.

for said institution, or for tlio purchase of a situation and
the erection of suitable buildings, and the further sum of
five thousand dollars annually is hereby appointed for the
support of said institution, under the direction of said
Board of Commissioners : Provided , That the charter of
said corporation shall become forfeited if the contract for
the purchase of lands, buildings and improvements, shall
exceed the sum of twenty thousand dollars.

Skc 8. Be it further enacted , That the main object of
this institution shall be to afford the means of education to
the indigent deaf and dumb of this State. Application for
their admission must be made to the Board of Commission¬
ers in writing, and must state their name, age, place of
birth and present residence, how long the applicant has
been a resident of this State, that he or she is deaf and

dumb, and that the applicant or his or her family are unable
to pay iiis or her board and tuition. This application must
be sworn to by the applicant, or bv some one cognizant of
the facts, and filed with the Board, thereupon the Board
shall, if they deem the proof sufficient, cause an order to be
entered on the record of their proceedings, admitting said
applicant, a certified copy of which shall be delivered to
the applicant or his or her parent, guardian or friend, who
shall thereupon be admitted as a member of said institution
for the period of time specified in the certificate.

Sec. 9. i e it further enacted , That if other persons who
are not indigent desire to avail themselves of the advantages
of said institution, they or their friends may make applica¬
tion to the Board in writing, stating names, ages and resi¬
dences, and that they are able to pay the expenses of said
applicants while in said institution, and if the Board on
examination shall be of opinion that the applicant or appli¬
cants are suitable persons to enter said institution, they
shall make an order to that effect on their record, a certified
copy of which shall be delivered to the applicant or his or
her parent, guardian or next friends: Provided , however ,
That such applicant shall pay or secure the payment of all
the expenses of said applicant for the time which he or she
is allowed to enter said institution.

Sec. 10. Be it further enacted , That said Board shall
have power to establish in connection with sail institution,
and to be under the management of the principal of said
institution, a mechanical department, the nature of which
shall be determined by the Board, in which the indigent
male pupils shall receive instructions, and for this purpose
the further sum of one thousand dollars is hereby appro-

347 1859-’60.

printed out of any moneys in the treasury not otherwise
appropriated.

Sec. 11 . Be it further enacted , That all money drawn from
the Treasury of trie State under this act, shall be drawn as
follows: The Board of Commissioners shall draw an order
in favor of the person to whom it is to be paid, on the
treasurer of the Board, stating for what it is to be paid and
the amount, who shall on its presentation to him file the Mocey (lrawn ’
same in his office and draw his warrant on the Controller
for the amount, who shall on its presentation, file the same
in his office and draw his warrant on the Treasurer of this
State for the amount which shall be paid by the treasurer
on presentation.

Approved, January 27, 1860.

No. 254.] AN ACT

To Incorporate the Male and Female Academy at Autauga-
ville, in the county of Autauga.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly , convened ,

That Joseph B. Wilkinson, James Nunn, Louis M. Whet¬
stone, Edward Stoudanmier, W. T. Hull, 1L P. Houser,
and Wm. N. Thompson, and their successors in office, be,
and they are herby constituted a body corporate and poli¬
tic, by the name and style of the Trustees of the Male and _ .
hernale Academy of Autaugaville, with the right and
power of executing all and singular the privileges, inci¬
dents and capacities of corporations aggregate, to sue and
be sued, plead and be impleaded, grant or receive contract,
or be contracted with, and do and perform all other neces¬
sary acts and things as natural persons, to purchase and
hold lands or other real estate or personal property, for
the use of said Academy, to have and use a common seal,
and to change the same at pleasure, to make by-laws and
ordinances for the proper conduct and government of said
Academy: Provided, said ordinances or by-laws shall not
be inconsistent with the statutes of this State.

Sec. 2. And he it further enacted , That the trustees to be
hereafter appointed shall be elected annually by the stock- TrU8tees elected -
holders and citizens who have contributed to the building
of said Academy aforesaid, and shall continue in office
until their successors are duly appointed; and the said

1859-60.

348

Qnorum.

S<ile of liquors
prohibited.

Election.

stockholders may, at their pleasure change the number of
trustees to be appointed, but there never shall be less than
seven, a majority shall constitute a quorum for the trans¬
action of business, and in case of vacancy by death or
resignation in the board of trustees, the same may at any
time be filled by the remainder of the board at any meet-'
ing of the same.

Sec. 3. And he it further enacted , That from and after the
fourth day of March, eighteen hundred and sixty, it shall
not be lawful for any person or persons to sell any spiritu¬
ous or intoxicating liquors of any kind whatsoever, within
two miles or less of said Academy, except strictly for med¬
ical purposes; and any person violating any O' the provi¬
sions of tins section shall b guilty of a misdemeanor, and
on conviction thereof shall, for the first offence, be fined in
a sum not less than fifty dollars nor more than one hundred
doll .rs, und for each and every subsequent offence not less
than three hundred nor more than five hundred dollars.

Sec. 4. And he it further enacted , That the property and
estate, both real antl'personal, held by the trustees herein,
shall be free and exempt from taxation.

Approved, February 24, 1860.

No. 255.] • AN ACT

To Incorporate a Medical College at Mobile.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That there be created in the city of Mobile a body corporate
to he called “The Medical College of Alabama.”

Sec. 2. Be it further enacted,'! hat the corporate powers
of said College, except as hereinafter limited, be, and they
are hereby vested in a Board of Trustees, whose members
shall not be less than twelve, nor exceed twenty-four. This
Board is hereby empowered at all times to fill any vacancy
that may occur therein, and to increase the number of its
members by election, subject to the limitation herein betore
expressed ; said Board shall in the first instance be composed
of the following named members, to-wit: Newton St.John,
J. C. Dubose, Robert A. Baker, Wm. D. Dunn, A. R. Man¬
ning, Duke W. Goodman, II. T. Smith, C. R. Foot, Murray
F. Smith, Samuel G. Battle, Theophilus L. Toulrnin, John

349

1859-60.

Little Smith, Charles Lebaron, N. II. Brown and John
Forsyth.

Sec. 3. Be it, further enacted , That said Board of Trustees
shall hive full power and authority to elect seven Professors ProfcMOrB ,
to teach such sciences and arts as are usually taught in
medical colleges, which professors shall constitute the first
faculty of said college.- It is also hereby authorized and
irnpowered to enact all such by-laws and regulations for By ., aWjJ
their own government, not repugnant to the laws of the
land, as they may think advisable, to elect such officers as
they may deem proper for their organization, to have a
common seal, to contract and be contracted with, and to sue
and be sued in and by the aforesaid corporate name. It is
also empowered at any time and in any manner, to acquire
and hold or dispose of all such real and personal estate as it
may deem necessary for the purposes of said college. All
such property and the proceeds thereof, shall be held solely
and exclusively in trust, for the use and benefit of said
college, and all property of said college, shall he, and the
same is hereby made free and exempt from taxation. lave
members of said hoard shall constitute a quorum to doQ UOrura ,
business. The president shall appoint the time and place
of holding the meetings of the board, of which due notice
in writing shall be given to each member : Provided , how¬
ever, I 1 he capital of said corporation shall not exceed one
hundred thousand dollars.

Sec. 4. Be it fiuther enacted , That the faculty of said
college shall teach such sciences connected with medicine
as it may deem proper, shall have power to oom-titute such
chairs, as it may see lit, to fill all chairs so created, and all
vacancies in this body happening after the el ction of the
first faculty by the hoard of trustees, by a vote of two-thirds VttcanciM>
of the remaining members of the faculty, to displace and
re mo vo any member of its body by a vote of two thirds,
and to declare the term and duties of their respective offices.

Said faculty is further empowered, to grant diplomas and
revoke the same, and to make all such by daws and regu
lations as they mav deem requisite for the proper manage¬
ment of' said college and its relations with the students,
which for such purposes, shad be binding upon such faculty
and students and the persons in the employ and under the
control and direction of said faculty.

Sec. 5. Beit further enacted , That in aid of the Medical
College of Alabama, in Mobile, there be, and is hereby
appropriated out of any moneys in the treasury not other-

1859-60.

850

Buildings.

Duty of control
ler.

Certificates.

Provided,

wise appropriated, tlie sum of fifty thousand dollars, to be
applied to the purchase of a suitable lot or lots, and the
erection of such buildings as a majority of the trustees for
the time being and their successes, may deem neccessary
and proper for the purposes of said college.

Sec. 6 . Be it fin (her encxted, That after the organization
of the board of trustees of the college aforesaid, sha'l have
been completed, and due and satisfactory evidence thereof
furnished the Governor of the State, it shall be the duty of
the Controller of the State, to issue his warrant on the
Treasurer of the State, in favor of the president of said
board of trustees, for the amount appropriated by the
passage of this act, upon his executing bonds with good
personal security in the penalty of one hundred thousand
dollars, payable to the State of Alabama and conditioned
that said moneys shall be faithfully applied to the purposes
contemplated by this act.

Sec. 7. Be it further enacted, That one indigent student
from each county in the State, shall be received in said
medical college, upon the recommendation and certificates
of the Judge of Probate and Commissioners court, that such
student is of good character and without the means of pro¬
curing such medical instruction ; such students shall during
their compliance with the rules and by-laws of said college,
be admitted free of charge, to all the benefits and advantages
of the medical instruction by lectures, the use of the museum,
library and apparatus, given at said college up to the time
of receiving their respective diplomas.

Sec. 8. Be it further enacted , That “ The Medical College
of Alabama” hereby incorporated, shall constitute a depart¬
ment of the University of the State of Alabama, and upon
the dissolution of said corporation from any cause whatever,
all the property real or personal belonging to the corpora¬
tion hereby created or held in trust lor it shall inure
to the benefit of and vest in the University of the State of
Alabama: Provided, That nothing in this act contained
shall be so construed, as to authorize the application of any
portion of the University fund or any fund or property
which may hereafter belong to the University of the State
of Alabama, to the use or purposes of the corporation hereby
created.

Sec. 9. Be it further enacted, That this act may be altered
or repealed upon the application of not less than two-thirds
of the boa/d of trustees.

Sec. 10. Be it further enacted , That the President of the

851

1859—*60.

Board of Trustees of said medieal college sball be ex-officio
a member of the Board of Trustees of the University of
Alabama.

Approved, January 80, 1860.

No. 256.] AN ACT

To Incorporate Hamner Hall, a Female Seminary in the
in the County of Montgomery.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,

That Nicholas II. Cobbs, John M. Mitchell, Thomas B.

Taylor, Samuel G. Jones and Charles T. Pollard and their

successors in office, be, and’they are hereby declared to be

a body politic and corporate, by the name and style of the Body corporate.

Trustees of Hamner Hall, and as such, shall be capable and

liable in law to sue and be sued, plead and be impleaded,

and to have and use a common seal, and the same to break

alter or amend at pleasure.

Sec. 2. And be it further enacted, That the said Trustees
and their successors in office or a majority of them are
hereby authorized to elect one of their number as President
and to appoint all such officers and teachers, and to make Elect president,
all such rules, regulations and by-laws as they may deem
expedient and necessary for the good government of said
seminary*: Provided , That such rules, regulations and by¬
laws, shall not be repugnant to the constitution of the State
of Alabama or of the United States.

Sec. 8. And b- it further enacted, That said Trustees shall
be privile red to accept of for said body corporate, and they
are hereby invested with full authority to obtain by pur-
chase or otherwise, all manner of propert}% real, personal thority.
and mixed, and to receive all donations, gifts, grants and
privileges which may hereafter be made or granted to said
seminary, and to have and hold the same, with all the rents,
profits and advantages therefrom arising, for the use and
benefit of said seminary.

Sec. 4. And be it farther enacted, That the said Trustees
or a majority of them may at any time, sell or dispose of
any property belonging to said corporation, and make good Title *‘
and sufficient titles therefor, under the signature of the
President, and with the seal of the corporation attached,
and said Trustees may borrow money for th*e use of it, and

352

Fill vacancy.

Capital*

Vicinity.

Police powers.

Gates.

pledge the property of the corporation for the payment of
the same by mortgage or deed of trust.

Sec. 5. And be it farther enacted , That whenever a
vacancy shall occur in the Board of Trustees by death,
resignation or otherwise, the survivors shall fill such vacancy
in such manner as the by-laws of said corporation may
prescribe.

Approved, February 23, 1860.

No. 257.] AN ACT

To Incorporate the Mobile Magnolia Association, and to
amend an act, entitled an act, to “ authorize the construc¬
tion of a plank or shell road along the Bay of Mobile,”
approved February 10th, 1854, and the amendments
thereof, approved January 6th, 1856, and January 20th,
1854.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of die State of Alabama in General Assembly convened ,
That the name and style of the “ Mobile Bay lload Corn-
pany,” sr.all be change'! to the u Magnolia Association.”

Sec. 2. And be it farther enacted , That said association
may increase its capital to any amount not exceeding fifty
thousand dollars, and that said capital stock shall be divided
into shares of five hundred dollars each.

Sec. 3. And be it further enacted , That in addition to the
real and personal property now authorized to be held, the
said Magnolia Association shall be authorized to acquire,
posse ss and hold in any lawful way, any and all such real
and personal property lying on or in the vicinity of the
Bay road, as they may find necessary for agricultural meet¬
ings and exhibitions, military parades and encampments,
racing and such other legal uses and purposes as they may
think proper.

Sec. 4. And be it further enacted, , That for the purpose of
preserving good order upon their possessions during meet¬
ings foragricultual,military or racing purposes,the officers of
said association shall be invested with full police powers, and
to the extent of the powers conferred on State officers, and
shall have authority to expel therefrom any and all persons
violating any of the rules and regulations of said association.
Sec. 5. And be it further enacted, That said association
shall have authority to erect gates, and at their pleasure to

S5S

1859-m

keep them closed, upon the Bay road in front of or opposite
to all roads or streets intersecting said Bay road: Provided ,
Such gates are not erected in front of or opposite to any
road or roads which have been established, or which may
hereafter be established by the proper authorities of Mobile
county, as county roads, nor opposite to or in front of an y gtreet
street or streets established or which may hereafter be ree
established as public streets, by the municipal authority of
the city of Mobile

Al’PKOVED, February 16,3860.

No. 258.] AN ACT

To Incorporate the Coosa Navigation and Coal Mining

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale of Alabama in General Assembly convened ,

That James W. Kidd, Mathew Turner, James K. Powell, Body corporate
Bryant Clower and Martin W. Kidd, and their associates,
be, and they are hereby incorporated as a body politic and
corporate, and which said incorporation shall be known by
the name of the Coosa Navigation and Coal Mining Com¬
pany, and by that name shall have capacity to sue and be
sued, plead and be impleaded, to have a common seal, and
to break or alter it at pleasure, to make all needful by-laws
for the government of said company, to have, hold and
enjoy personal and real estate not exceeding two hundred
thousand dollars, which shall at all times be liable to taxa¬
tion as other property held by individuals. capital stock.

Sec. 2. Be it further enacted , That the capital stock of
said company shall be one hundred thousand dollars, in
shares of one hundred dollars each, fifty thousand dollars
of which shall be taken, and ten per cent, thereon paid in,
before said company can organize. The company may
increase its capital stock not to exceed two hundred thousand
dollars. Books for the subeription of stock shall be opened
by Matthew Turner and James W. Kidd, at the town of
Talladega, Talladega county, Alabama, on the first Monday
in May next, and continue open for twenty days unless all
the sharesbe sooner taken.

Sec. 3. Be it further enacted , That said company shall
have power, so soon as stock to the amount of fifty thousand
23

1859-’60.

364

Coosa river.

of exchange.

dollars shall have been taken, and ten percent, thereon paid
in, in cash, to the persons char ed with obtaining sucserip-
tions to said stock, to organize by the election of a President
Election of pres- an d Secretary, who shall also act as Treasurer, and the
ident * establishment of their office or place of business may be at

such point as the company shall select, except in the town
of Talladega.

Sec. 4. Be it farther enacted , That it shall be the main
business and object of said company, to clear away the
obstructions to the navigation by steamboats of the Coosa
river from the Ten Islands to Fort Williams, and to open
up and develop the coal beds in St. Clair county, a id shin
such coal to market, and to this end, said company shad
have power to purchase any number of slaves which may
be necessary to employ in clearing away said obstructions
in said river, anti opening said coal beds and raising and
shipping coal from the same, and may contract for the hir¬
ing of any number of hands for tins purpose; also said
company shall have the power to borrow money and to
May doai in bins pledge its assets for the repayment thereof, and may deal
in bills of exchange, and shall be invested with all the
privileges and subject to all the restrictions not inconsistent
with the provisions of this act, as are conferred upon or
imposed upon the Tuskegee Insurance company by an act of
the General Assembly, approved the 19th day of January,
1856.

Sec. 5. Be it further enacted, That unless said company
shall commence work, clearing out said obstructions in said
river within one year from the passage of this act, in good
faith, and shall unless prevented by high waters or other
providential circumstances over which the company has no
control, continue such work until said river can be naviga¬
ted by steamboats, this charter and the privileges hereby
conferred shall be forfeited to the State.

Sec. 6. Be it further enacted , That said company may
build or purchase as many steamboats as may be necessary
to ship or transport coal or iionon said river between the
points designated, and shall be entitled to receive the- fol¬
lowing toll from boa's and watercraft navigating such river
between said Ten Islands and Fort Williams, to*wit: For
every steam boa , twenty-five dollars.

Sec. 7, Beit further enacted. That each stockholder shall
_ be liable for all the debts ot said company out of his private
bie. c 0<crs m propetty, to the full amount of his stock, and this liability
shall continue for six months against any stockholder after
he has sold his stock, which sale or transfer shall only be

Work, kc.

Toll*.

855 1859-m

fnlid after it shall have been entered on the transfer book
of the company, which shall be kept tor that purpose.

Sec. 8 . Be it further enacted, That said company may erect
or cause and procure to be erected, all needful appliances
for opening said coal mines, and getting the coal to market,
and to this end may erect a railroad or railroads from said
coal mines to such point or points on said river as may be
necessary for the convenient and safe transportation of coal Transportation,
to said river, and from said river to any other railroad for
shipment, and may establish coal depots at such points as
may be needed : Provided , The said company shall obtain
the right of way and depot grounds and all other property
needed by said company from the owner or owners therof
by agreement, but shall have no power to condemn the
lands or other property of third persons.

Sec. 9 Be it further enacted, That said company shall
have no power to issue notes or bills to circulate as money,
and this charter shall continue in full force ftr twenty-five Twenty ' flvey ’ rs '
years,unless sooner forfeited for some cause duly'ascertained
and declared.

Approved, February 24,1860.

No. 259.] AN ACT

To Incorporate the Bank of Alabama, and for other

purposes.

Sec. 1. Be it enacted by the Sena te and House of Represent¬
atives of the Slate of Alabama in General Assembly, convened ,

That a bank be established in the city of Mobile the capi- capital stock
tai stock of which shall not exceed two millions five bun
dred thousand dollars, divided into shares of one hun¬
dred dollars each, three-fifths of which capital may be
subscribed for by individuals or corporations, who may
own stock of the South and North Alabama Railroad
Company, and two-fifths of which shall be reserved tor the
State of Alabama: Provided , however , That no individual
or corporation (except the State of Alabama) shall subscribe
for any greater amount of the capital of said bank than
such individual or corporation may, at the time of subscrip¬
tion, own of the stock of said railroad company: Provided ,
further, That if the bank does not go into operation witbm within one year,
one year from the passage of this act, then, and in that
case, two fifths of the capital shall be reserved to the State

1859-60.

First Monday in
April next.

ProvMf.L

Books open.

First Monday in
June.

Powers to fil] va¬
cancies.

356

of Alabama, and all of the remaining three-fifths of the
capital which may not have been subscribed fur by indi¬
viduals or corporations, under the terms of this act, within
one year from the passage of this act, may he subscribed
for by individuals, whether they own or do not own stock
in said railroad company.

Sec. 2. Be it firth* r evaded. That subscriptions lor stock
in said bank shall be opened in such [daces as the Commis¬
sioners, to be appointed for receiving subscriptions to stock,
may designate, on the first Monday in Apiil next, under
the direction and management of nine Commissioners, to be
appointed by the Governor, and who shall have authority
to receive individual subscriptions for shares of stock, not
to exceed the sum of five, hundred thousand dollars: Pro -
vided, That no person or firm shall take or subscribe for a
greater amount than one thousand shares of the capital
stock of said bank; the said Commissioners, or a major¬
ity of them, shall keep their books of subscriptions open
for the term of thirty days, m less the said amount of five
hundred thousand dollars be sooner subscribed. The Com¬
missioners shall give at least thirty days previous notice of
the opening of said books by advertisement in at least five
public newspapers published in this State and elsewhere, in
their discretion, and they shall keep a correct record of the
proceedings.

Sec. 3. Be it further enacted, That at the time of admitting
such subscriptions for stock, the said Commissioners shall
require from the subscribers the sum of twenty-five dollars
for each share subscribed ; the subscribers shall further pay
an installment of twenty-five dollars per share on the first
day of June, after the day of first opening said books;
of twenty-five dollars per share on the first c.ay of Novem¬
ber, after the said opening day ; twenty-five dollars per
share on the first day of January, after the said opening
day ; but any subscriber may, if lie thinks proper, pay n
his subscription at earlier days than above limited ; in such
cases interest shall be equalized with the other stockhol¬
ders, upon equitable principles; the said Commissioners shall
deposit all moneys received by them for safe keeping in
such bank, or other place of deposit as they may Select,
until the new bank shall go into operation, after which pay¬
ment shall be received by the bank itself. The Commis¬
sioners shall have power to fill vacancies, occurring in their
own body by death, absence or refusal to act, until their
duty is performed.

Sec. 4. Be it further enacted , That whenever the sum of

357

1859—’60.

five hundred thousand dollars shall have been subscribed
to tiie capital stock of the said bank, whether by individ¬
uals alone, or by individuals and corporations and the State
of Alabama combined, or in any sum not exceeding the
whole two millions five hundred thousand dollars, and alter
the closing of the books of subscription, and after half of
the capital stock subscribed shall have been actually paid
in gold or silver, the said bank may elect its officers on the GollJor slIver *
following conditions, to-wit: The President and Directors
of said bank thus appointed shall, without loss of time,
make the necessary anangernents to put the bank in oper¬
ation so soon as, pursuant to the provisions of this act, the
bank shall possess in gold and silver one-half of the capi¬
tal stock subscribed, but the said bank, under no pretext
whatever, shall commence its banking operations by dis¬
counting bonds, bills or notes, by loaning money, or putting
into circulation its own notes, until it shall actually and in
good faith have in possession, of its own absolute property
in gold and silver, one hall of the whole amount ot the °f e 1 half of f the
capital stock subscribed, arid shall have returned to the
Governor ol this State an account thereof, certified by the
oath or affirmation of the President and Cashier for the
time being; nor shall the said bank so commence its oper-
ations until the Governor, satisfied by the return aforesaid
and by such other evidences as rnay be offered, shall issue
a proclamation declaring that the return aforesaid had been
duly made, and that it appeared to his satisfaction that the
said company had of their own absolute property the
amount of gold and silver aforesaid, were authorized
under the provisions of this act to commence their
banking operations as aforesaid, if the said bank with,
out actually and in good faith having of its own property
the amount of gold and silver as aforesaid, or without
having made a return thereof as aforesaid, or without the
proclamation of the Governor as aforesaid, shall commence
any such banking operations as aforesaid, the charter here¬
by granted shall be null and void, and the said bank shall
be considered to all intents and purposes as an unchartered
bank.

Sec. 5. Beit further enacted , That if on closing the books
a sufficient capital shall not have been subscribed to
authorize the bank to go into operation, under the terms of open books of
this act, the Commissioners must again, without delay* open * Qbscr, P t,on -
and keep open such books afterwards, at such times and
places as they may direct, under the same regulations as
above provided, until the subscription be sufficient. After

1859-60.

358

the bank officers shall have been elected, if the stock is not
full, the Board of Directors shall have power to cause books
to be opened, from time to time, until the stock and capital
be full, and to appoint Commissioners to receive such sub¬
scriptions under such rules as they may prescribe; Provi-
t ' ded, thirty days notice be given by advertisement as above
prescribed of the time and place of receiving such subscript
tions: Provided ., also , That if the bank goes into operation
before the expiration of one year from the first opening of
the said books of subscription, and before the stock and
capital shall be full, the Board of Directors of said hank,
must admit any and every owner ol stock in said railroad
company, who applies before the expiration of one year
from the first opening of s iid books, to become a subscriber
for stock in said bank, according to the terms of this act.

Sec. 6. Be it further enacted , That the State of Alabama
may, when it shall elect so to do, take shares in the capital
stock in said bank, equal to two-fifths of its amount, on
paying a proportionable part of the capital, and on equal
Equal terms. terms with the subscribers, equalizing interest on equitable
ter if is with the stockholders as to time, and the State shall,
in case it takes stock, be entitled to a proportion of power
in the direction of the bank, equal to its proportion of
stock therein.

Sec. 7. Be it further enacted , That the stockholders of
said bunk, and their successors, when a sufficient amount
shall have been subscribed and paid in, be, and they are
Name and style, hereby created a corporation politic, by the name and style
of the Bank of Alabama, and so shall continue until the
first day of June, 1890, and by that name shall be, and
they are hereby declared able and capable in law to have
and own, purchase, receive, possess and retain, to them and
their successors, lands,' rents, tenements, hereditaments,
goods, chattels and effects of whatsoever kind, nature and
Bonds, bids, quality, moneys, obligations, stocks, bonds, bills, notes, se-

notes, &c. cm* ami choses in action of whatsoever nature, and the

same may sell, grant, demise, alien, convey or dispose of,
and may sue and be sued, plead and be impleaded, answer
and be answered, defend and be defended, in any suit, mat¬
ter or thing depending in any court of law or equity, and
shall also have power to make, have and, use a common
seal, and the same to break, alter and renew at pleasure,
also to ordain, establish, alter and repeal by-laws, ordinan¬
ces, and regulatians as they deem necessary and convenient
from time to time for the government of said corporation,
not being contrary to the constitution and laws of the Uni-

S59

1859-m

ted States or the State of Alabama, also to make loans, dis¬
count arid deal in money and notes, bills of exchange,
bonds, mortgages and securities of all kinds, to receive
deposits, to rnaxe and issue bank notes, payable on demand
to bearer, and to make all contracts and transact all such
business as is usually transacted by banks, and as are within
the scope of banking operations, and generally to do and
execute all and singular the acts, matters and things, which
to them it shall appertain to do as incident to bodies cor¬
porate, subject, however, to the rules and limitations herein
contained: Provided, the said bank shall not in any case Pr0Yided .
deal in or purchase merchandise, produce or personal prop¬
erty of any kind, or real estate, except for its necessary
banking houses, buildings and purposes, or by way of secu¬
ring payment of the debts due to it, nor shall it issue or
cause to be made for circulation as currency any notes or
bills that are not payable on demand.

Skc. 8. Be it further enacted, That the affairs of said bank
shall be managed by ten Directors, elected annually by the jetton of di¬
stock holders of said bank, and appointed by the Governor
of the State of Alabama on behalf of the State, if the State
shall subscribe for stock, and, if not, then to be elected by
the stockholders alone. At all elections the stockholders
shall elect the whole ten Directors, or a number propor¬
tioned to the number of shares held by them collectively,
as the case may be, allowing the State to appoint a number
proportioned to its stock, and the Directors appointed by
the stockholders shall be those who shall have received a votes,
plurality of the votes given at elections by stockholders,
and they shall vote according to the ratio and scale of votes,
allowing each stockholder for every share he may hold, not
exceeding twenty-five, may give one vote; for every two
shares above twenty-five and under fifty, one vote; for
every three shares above fifty and under one hundred, one
vote; and for every five shares over one hundred and under
one hundred and fifty, one vote ; and for every ten shares
over one hundred and fifty, one vote; and, after the first
election, no shares shall confer a right to vote which shall
not have been holden by the voter three calendar months
previous to the election, and no stockholder can be a Direc¬
tor who is at the same time a Director in any other bank.

The stockholders shall be entitled to vote either in person
or by proxy; the shares of infants may be voted for by their Proxy *
patents or guardians; if married women, by their husbands
or trustees; if corporations, by their president; and, if co¬
partners or joint owners, by either, unless the other dissent,

1859-60.

360

Books closed.

Notice.

Governor,

Polls held.

Notice.

Vacancies.

in which case neither shall vote; and all powers to authorize
persons to vote by proxy shall be in writing.

Sec. 9. Be it further enact'd, That the first election for
Directors shall be held so soon as may be after the books of
subscription shall be closed and a sufficient number of shares
subscribed; the said Commissioners, appointed to receive
subscriptions, shall hold said first election on such day as
they may appoint; after giving thirty days notice of the
time of holding the same, they shall certify to the Directors
the names of the persons elected, shall hand over their own
records to them and the money subscribed and paid. The
said Board, so elected and appointed by the Governor of
the State, at any time becomes a stockholder, shall proceed
to elect a President from their own number, an i the Board
shall continue in office until the third Monday in January
following, and until their successors shall enter upon their
duties. The subsequent elections for Directors shall be held
at the banking house on the third Monday in January of
each year; the new Board elected shall be authorized to
enter upon its duties on the day after and continue until the
expiration of the third Monday in January next therealter,
and until their successors shall organize and enter upon
their duties; the polls shall be held by three stockholders,
other than Directors, appointed by the Board to hold the
same; the vote shall be by ballot, under such regulations as
the bank shall prescribe, but ten days notice of such elec¬
tion shall be given in two public newspapers of the county
in which said bank is located; no stockholder shall vote at
any time while in default of the payment of his install¬
ments of stock as required by law and the regulations of
the bank.

Sec. 10. Be it further enacted , That no person shall be
a Director on the part of the stockholders, unless he shall
own one thousand dollars worth of stock in the said bank,
bona fide and his own property, nor unless he shall be a
resident citizen of the State.

Sec. 11. Be it further enacted, That in case no election
shall be made of Directors or President, at the times pro¬
vided by this act, the corporation shall not be for such
cause deemed dissolved, but such election shall be had so
soon as may be thereafter, on due notice; the Board' shall
have all power to fill all vacancies in the office of President
and Directors elected by individual stockholders, and the
Governor shall fill vacancies on the part of the State, to
serve until the next Board shall organize; six months
absence, removal from the State, transfer of stock down to

a less sum than one thousand dollars, and any cause which
shall prevent the attendance of such officers permanently
to discharge the duties or render him incapable of so doing,
shall vacate the seat of such President or Director,

Sec. 12. Be it farther enacted, That the President and
Direct ors of said bank shall have power and authority to
appoint a cashier and all such officers, clerks, agents and
servants, as may be necessary from time to time to carry
on the business of the bank, and to prescribe their compen¬
sation and duties, and to require proper bonds and securi¬
ties for the faithful discharge of their duties, in their
discretion, and to issue bank bills, payable to bearer on
demand at their banking house.

Officers dis-
efiiirged.

Cashier.

Bonds.

Sfia 13. Be it farther enacted, That the shares of stock
in said bank shall be assignable and transferrabie, accord-
ing to such rules as shall be instituted in that behalf, by
the by-laws and ordinances of the bank, and transfer books
shall be kept for that purpose : Provided , That in case of
the failure of the bank within six months after any such trans¬
fer or sale of stock, the party selling and the party purchas¬
ing such stock shall each be held liable for the payment of
the debts of the bank, in proportion to the stock so trans¬
ferred: Provided, further, That no transfer of stock shall be
made so as to vest in any one stockholder a greater number
than one tenth amount of the whole number of shares
subscribed for in said corporation; And, provided fwither,

That the bank shall have power to pass by-laws to prevent Bydaws,
the assignment of shares by parties owing debts to said
bank part due, until such indebtedness be paid, ami to
withhold dividends due to persons so being in default, if
they deem it proper.

Sec 14. Be it further enacted, That if any person or per¬
sons, co-partnership, or body corporate, shall be indebted
to said bank as maker, endorser, or guarantees, or as lndorger draw3
drawer, or accepter of any note, bill or bond, whether made on acceptor. 1 *
negotiable and payable at said bank or not, shall delay pay¬
ment thereof, the said bank may move for judgment, and
award of execution against such debtor in any court of
record in the State where such defaulter may reside, or
corporation so indebted be located, and such judgment
shall be thereon rendered as rnay be lawful and proper:

Provided, That the defaulter in such case, shall have at
least thirty days notice of such motion before the same is Certlftcate -
made, specifying what the demand is; that at the time of
making such motion the bank shall produce and file a cer¬
tificate of the President and Cashier, under the seal of the

1859-60.

362

Remedies.

bank, that the debt claimed is really and bona fed the prop¬
erty of the bank : Provided , further , That if any defendant
shall appear and contest the claim, the court shall require
th ‘ bank,to file its declaration, and the defendant his pleas,
and to cause issue to be joined in law or fact, to be tried
instanter 1 or during the term as the law may direct, by jury
or by the court, as the case may be, unless on sufficient
cause shown, it be necessary to continue the cause, and the
court may give judgment as shall be proper; And Provided
further , That the summary remedy thus given, shall riot
preclude any other mode of redress, which may be lawful
to enforce the rights of the bank.

Sec. 15. Be it further enacted , That the said remedies
given for the collections of debts due the bank, shall be
reciprocal for and against the bank, and in motion against
the bank no certificate shall be required to be filed as above
set forth, and the court of record in the county in which
said bank is located, having jurisdiction, shall hear motions
for the recovery of debts due by said bank, and in all suits
against said corporation, service of process on the Presi¬
dent or Cashier, shall be sufficient to bring the defendant
into com t.

Seo. 16. Be it further enacted , That the said bank shall
be subject to the following rules and regulations, and they
are declared to be fundamental articles in the Constitution
of the said corporation, (to wit:)

ARTICLE I.

The bank shall not commence operations until half the
stock subscribed for be actually paid in gold and silver,
which amount in no case shall be less than two hundred
thousand dollars.

ARTICLE II.

That the State and individual stockholders, or any co-

E artriership or body politic having shares in said bank, shall
e bound respectively for all the debts of the bank in pro¬
portion to their stock holden therein, and this provision
shall in no wise affect or impair the provisions of the 18th
section ot this act.

ARTICLE III.

The bank shall not be authorized to issue or have in

363

1859—*60.

circulation at any one time, notes or bills of the bank to an
amount exceeding thrice the amount of the capital stock
actually paid in ; and in case of any issue greater than
herein allowed, the President and Directors, under whose
administration it may happen, shall be liable for the same
in their natural and private capacities, and actions may be
brought against them, or either of them, in any court, by
any creditor of said corporation, and may be prosecuted to ^ r ° t n in
judgment, any condition or agreement to the contrary not¬
withstanding; but the corporation shall not, on account of
this provision be less liable and chargeable with said excess:
Provided , That the President and such Directors who may
have been absent when such excess was contracted or cre¬
ated, may respectively exonerate themselves from being so
liable, by forthwith giving notice of the facts and of taeir
absence, or dissent to the stockholders at a general meet¬
ing, which they shall have power to call for that purpose.

RULE I.

The bank may at its option, receive in payment or on
deposit, the notes of the banks of the other States, but shall
not pay out the same on loans, checks, orders, drafts, or
discounts.

BULK II.

The bank shall be required to procure, and always keep
on hand gold and silver, in a proportion not less than one
third of the amount of the bills it shall have in circulation,
ami if withdrawn, shall immediately proceed to replace
the deficiency.

BULK III.

No bill or note of a smaller denomination than five dol¬
lars shall be issued, received or paid out by the bank.

RULE IV.

The bank shall be required to receive money on deposit
and pay out the same to order free of charge, in such sums
as the depositors may direct: Provided, the batik shall not
be required to pay deposits in less sums than fifty dollars,
nor to receive them ia less sums than one hundred dollars.

1859-60.

Rate of interest.

Quorum.

Acts valid.

RULE V.

The bank shall not take, retain or receive interest on
notes at greater rates than the following, to*wit: Upon paper
running six months or under, not to exceed the rate of six
per cent, per annum ; upon paper running more than six
months, and not exceeding nine months, not to exceed the
rate of seven per cent, per annum; upon paper running
more than nine months, not to exceed the rate of eight per
cent per annum : Provided , That all paper held and owned
by said bank, shall alter maturity bear interest at the rate
of eight per cent, per annum : Provided , also, That if the
rate of interest shall he reduced in this State during the
period of the charter of said bank of Alabama, said bank
shall in no case charge a greater rate of interest than that
fixed by law, as the legal rate for the State of Alabama.

RULE VI.

No Director shall receive any emolument, but the Pre¬
sident may receive such compensation as the stockholders
shall at a general meeting assign him.

RULE VII.

Not less than five Directors shall constitute a quorum
for the transaction of business, of whom the President shall
always be one, except in case of sickness or necessary
absence, in which case his place may be supplied by another
Director, whom under his hand he shall depute for that
purpose, and the Director so deputed, may do and transact
all necessary business belonuing to the office of President
of said corporation, under the name of the President pro
tern,,, during the continuance of the sickness or necessary
absence of the President.

RULE VIII.

Two-thirds of the whole number of the Directors shall
have power to authorize at any time any three or more of
the Directefts to transact such business of the bank as may
be specially confided to them, whose acts shall be as valid
as if done by a full Board of Directors present at the doing
thereof; but the Directors constituting said two*thirds or
more, giving such authority, shall be liable for all acts done

by ihe said three or more Directors, as if they were per¬
sonally present and concurring.

BULK IX.

All officers of the bank, the President and Directors ex¬
cepted, shall be required before they enter upon the duties
of their office to give bond and security, such as the Board
shall approve.

RULE X.

Half-yearly dividends shall be made of so much of the
profits of the bank as shall appear to the Directors proper,
but no dividends shall be paid as profits, which shall trench
upon the capital of the bank.

RULE XI.

Once in every term of three years, the Directors shall
lay before the stockholders at a general meeting for their
information, an exact, full and particular statement of the
condition and affairs of said bank, showing the particulars
of all suspended debts, and shall give all information to them
required for a proper understanding of its true condition,

RULE XII.

The Directors shall have power to call a general meeting
of the stockholders at any time they may deem necessary
or expedient, and a number of stockholders, not less than
thirty, who together shall be proprietors of five hundred
shares of stock, or upwards, may at any lime call a meeting
of the stockholders, relative to the institution, giving at
least six weeks notice in the newspapers of the city in
which such bank is located of such meeting, and specifying
the purp>ose or purposes thereof. *

RULE XIII.

The said b^ank shall make to the Controller of Public
Accounts a return once in every twelve months, of its true
situation, showing the amount of its assets and liabiJttes
and of what they consist, also a list of the stockholders of
said bank, and a list of the shares owned by each.

866

Powers.

RULE XIV.

The Governor of the State shall appoint biennially three
Governor to ^.Commissioners, whose duty it shall be, to examine the
point commit moneys and books, and otherwise examine into the condi-
HBm ‘ tion of said bank and make report thereon within two
months after their appointment. The bank shall furnish all
information to said Commissioners necessary for an accurate
examination, and shall pay to said Commissioners four
dollars per day each, not exceeding fifteen days each, and
the Commissioners shall each make affidavit before an acting
Justice of the Peace that they have not previous to the
time of their visit communicated to the officers of said bank,
the time when they would visit said bank for the purpose
of examination as aforesaid, which affidavit shall be filed
in the office of the Secretary of State.

Sec. 17. Be it further enacted, That by way of bonus or
additional consideration for granting this charter, the said
bank shall a(t-*r the completion of the road, which said rail¬
road company is authorized to construct, orafter the declara¬
tion of any dividend by said railroad company, pay annually
into the treasury of the State, on or before the first day of
November in each year, ami while the bank shall continue
banking business, an amount equal to thrice the taxation
which may be assessed on every hundred dollars of the value
of land for the time being by the State, on each share of
the stock of the bank, which shall be in lieu and composi¬
tion of all taxation whatever by the State, county, city or
other authority on the capital stock or business of the bank:
Provided , That all real estate owned by the bank shall be
subject to any taxes, as if held by individuals: Provided ,
further , That the payment of said bonus, shall not be deferred
longer than five years from the passage of this act: Pro -
vided, further, That said bonus shall be immediately payable
upon all stock which may be taken in said bank, without
taking a like amount of stock in said railroad company as
provided for by this act.

Sec. 18. Be it further enacted , That whenever any bill
or notes, checks or other issues of said bank are presented at
the counter Qf the same for redemption, and the bank shall
Eeieem m gold refuse to redeem the same, either in gold or* silver, the
cashier shall write across the back of such bill or bills,
check or checks, or other issues, the word “ protested, * with
the day and date, and shall sign the same, and all such bills,
notes, checks and other issues, so protested, shall draw
twelve per cent, interest from the date of the protest until

Taxes.

or silver.

86? 1869-60.

—*<i»i i >

the same shall be redeemed, together with the interest that
may have accrued thereon, and if any such bill, note, check
or other issue be presented to said bank and payment refused,
and said officers fail to note the same protested as above
provided, such officer so refusing, and his securities shall
oe subject to pay doable the amount of the demand offered
and refused, to be recovered by the person aggrieved, in
any court of record in the county where said bank may
be located.

Skc. i9. Be it farther enacted , That no stockholder of
said bank shall receive any loan from the bank, either whole «uck paid
directly or indirectly, until the whole of his stock is paid,
and no stockholder while any portion of his stock is unpaid
shall be otherwise a debtor to said bank, nor shall said
bank under any pretext hold any stock purchased by it of
the stockholder for more than six months from the date of
said purchase.

SiCC. 20. Beit further enacted , That if any debt or demand
due from said bauk for an amount exceeding one hundred
dollars, shall remain unpaid for more than ten days after
proper demand made for payment, the holder of such debt
may file a bill in the Chancery Court of the county or dis- ri|ebm inch4n .
triot in which said bank may be located, for the settlement eery,
of all the debt of the bank if he elect so to do, and may on
proof by affidavit of such refusal to pay on demand, and of
the continuation of said refusal, made to any chancellor or
judge of any circuit court of the State, pray an injunction
to restraip the said bank and its officers from paying out, or
in any way transferring or delivering to any person, any
money or assets of said bank, or incurring any obligation
or debt until such order be vacated or modified, and if such
chancellor or judge, shall be of opinion that the debt is
justly due, and that the bank has no just defence against
the demand, and it shall appear expedient and necessary
upon the proof presented, in order to prevent fraud and
injustice he shall grant an order for such injunction : Pro- proT * de<, ‘
vided y The bank shall have had such reasonable notice of
the application as the chancellor or judge may prescribeand
shall not be able to show sufficient cause against the same,
and the said judge or chancellor, shall then proceed to
inquire on such further notice as he may prescribe whether
the said bank be clearly solvent or not, and may require
the offieeis of the bank to exhibit any and all of its books,
papers, accounts, aa^ets, moneys and effects, and to be
examined on oath touching the sums before him, or a referee
to be appointed by him, and if it shall appear that the said

1859-’60.

Receiver.

Dismissed.

Assets,

bank is not clearly solvent, then he jnay make an order
declaring tire same to be insolvent, and rej|tiAhg' its affairs
to* be wound up and-settled rand- further, *ir-- -'ppi^ion

the safety of the creditors ^atll repuire it, sdch 1 jttdge or
chancellor may appoint a receiver or receivers to tfeke charge
of all the assets of the bank, and to close and settle its
affairs and may make all such orders for the accomplishing
of the same saMy, properly and economically, as the case
may seem to Require, biliif it shall appear on such exami¬
nation, that the said bank is clearly solvent, or if there
shall appear to be a deficiency of assets and the bank shall
procure and give good security for the payment of any
deficiency which may exist, and th at the assets fehall prove
sufficient to satisfy all the debts of the bank to the satisfac¬
tion of the judge or chancellor, then no such receiver shall
be appointed; and upon the payment of the debts com¬
plained of the injunction and proceedings shall be dismissed,
such order shall be made for the payment of costs, as the
judge or chancellor shall deem just and proper, and the
proceedings shall be returned and made of record in the
chancery court of the county or district in which such bank
may be located, and shall be subject to revision and correc¬
tion by the supreme court, as in other cases.

SfiO. 21. be it further enacted, That in case the said bank
be found insol vent, and settlement of its affairs be ordered
as herein provided, the same shall be done upon bill filed iff
said chancery court, under the orders of the court and rules
of chancery, and full distribution shall be made of the
assets according to the rights of all parties, but the holders
of bank notes and obligations issued by the bank for circur *
lation as money, shall be first called in ami paid and shall
have priority over debts due from the bank ; and after the
assets of the bank are exhausted, if they be not sufficient
to pay all debts and liabilities, a further call shall be made
on the shareholders in the bank for a further payment of
capital over and above the sum of one hundred dollars of
an amount equal to the deficiency, which shall be propor¬
tioned among the shares of stock as well of the individual
share holders as of the State, and an order shall be made
by the court for the payment of each shareholder of the
sum or proportion due on his shares of stock, and each
shareholder shall pay the sum so assessed to him severally
in proportion to his stock, which shall be collected by the
* receiver anil applied ; ami in cose the State holds stock iff
said bank, it shall provide for and pay its propoitioff of the

1859-W

additional capital in proportion to the stock so held in said
bank, to be applied in like manner.

Sec, 22. Be it further enacted , That the summary remedy
in this act, specially given for settling up and closing the
affairs of said bank, shall apply to the case of insolvency,
but shall not be allowed in case of a suspension only by
the bank of specie payment, and when so long as suspen¬
sion shall be sanctioned by the (xen^ral Assembly or the
Governorof the State, during the recess of the General
Assembly, but nothing in this act contained, shall be con¬
strued, so as to deprive a creditor of said bank from his Rlght , ait
right to suit in any other appropriate mode of proceedings,
or to prevent the General Assembly from hereafter regula¬
ting by a general law in relation to banking institutions,
the mode of enforcing and satisfying the rights of creditors
of said bank: Provided , any bill holder shall also have the
right to move in any court having jurisdiction, or before
any Justice of the reace in the city or county in which
said bauk is located, as the case may require, for the' col¬
lection of any bill, the payment of which may be refused.

Sec. 23. Be it further enacted, That notwithstanding the
expiration of the time for which said corporation is created, Nameimd ityle
it shall be lawful to use the corporate name, style and
capacity for the purpose of suits, aud for the final liquida¬
tion and settlement of the affairs and accounts of the cor¬
poration, for the sale aud disposition of its estate, real and
personal, and collection of its assets, but not for any other
purpose nor for a period exceeding two years, after the
expiration of said term of corporation.

Sec. 24. Be it further enacted , That said bank shall not
under any circumstances loan any money to said railroad
company.

Sec. 25. Be it further enacted , That whenever any pay¬
ment of stock subscribed for in said bank is required and
called for under the terms of this act, each stockholder
shall pay to said railroad company the same amount on his
stock in said railroad company that he is required to pay
on his stock in said bank, which shall be faithfully appl ied
to the construction of said road in a reasonable time; and
any failure so to apply it with the consent, connivance, neg¬
ligence or inattention of the stockholders themselves, shall
operate as a forfeiture of the bank charter hereby granted.

SfiC. 26. Be it further enacted, That if the bank does not ForfeltT,re -
go into operation within one year from the passage of this
act, then, and in that case the capital stock thereof shall
24

Capital stock.

Pay annually
into treasury.

370

not exceed sixteen hundred and sixty-seven thousand
dollars, two-fifths of hich shall be reserved to the State,
and all of the remaining three^fifths of the capital which
may not have been subscribed for, by individuals or copor-
ations under the preceding sections of this act within one
year from the passage of this act, may be subscribed for by
individuals, and fco individual or firm shall take or subscribe
for a greater amountfthan one hundred shares of the capital
stock of said bank.

Sec. 27. Be it further' enacted. That if the bank does not
go into operation within one year from the passage ot this
act; then, and in that event, the said bank shall pay annu¬
ally into the Treasury of the State, on or before the first
day of November in each year, after it shall have gone into
operation, and while the bank shall continue banking busi¬
ness, an amount equal to thrice the taxation which may be
assessed on every hundred dollars of the value of lands for
the time being by the State, on each share of stock of the
bank,- which shall be in lieu of all taxation whatever by
the State, county, city, or other authority, on the capital
stock, or business of the bank: Provided, That all real *
estate owned by the bank, shall be subject to any taxes, as
if held by individuals.

Sec. 28. Be it further enacted , That if the bank does not
go into operation within one year after the passage of this
act: then, and in that case, the proviso to the fifth section
of this act, shall be null, void and inoperative.

Sec. 29. Be it further enacted ) That if the said bank
does not go into operation within one year after the passage
of this act; then, and in that case the twenty-fifth section
of this act, shall be inoperative and void.

Approved, February 13, 1860.

No. 260.] AN ACT

To amend the charter of the Eastern Bank of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama m General Assembly , convened,
That Rule third, in section sixteen, of an act approved Feb¬
ruary 8th, 1858, entitled An Act to incorporate the Eas¬
tern Bank of Alabama be, and the same is hereby amended
by striking out “ five dollars ” and inserting “ one dollar

871

1859~m

Provided, That the Legislature shall have the power to alter,
amend or repeal this section at its discretion.

Sec. 2. Be it further enacted , That Rule fifth, in section
sixteenth in said act, be also amended by striking out “six ”
and inserting “ seven.”

Sec. 8. Be it further ^enacted, That any bank constitution¬
ally chartered by the laws of this State, may issue bills or
notes of denominations less than five aollar^ but not less
than one dollar: Provided , however, : That this ac^ or any
part thereof, may be repealed by any fhture General Assem¬
bly of this State.

Approved, February 8,1860.

No. 261.] AN ACT

To Incorporate the Montgomery Mounted Rifles.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly , convened,

That the Montgomery Mounted Rifles be, and they are
hereby incorporated by the name and style of the “Mont¬
gomery Mounted Rifles,” an independent company in the
city of Montgomery, subject to the control of the Governor
only: Provided, they shall muster at least twelve times a
year.

Sec. 2. Be it further enacted, That the said Montgomery
Mounted Rifles are hereby authorized to adopt and to alter
or amend any constitution or by-laws for their own govern- By-laws,
ment, not repugnant to the laws of the State or the United
States, which shall be obligatory on the members of said
company until repealed.

Sec. 8. Be it further enacted, That said company, by its
corporate name, shall be and are hereby made capable and
able in law to acquire and possess real estate not to exceed
in value twenty thousand dollars, and personal property,,

* ' 4 i * v Possess es 1

not to exceed in value twenty thousand dollars, andtbeute.
same to convey, sell, grant and dispose of, to sue and be sued,
plead and be impleaded, defend and be defended, in all
courts having competent jurisdiction.

Sec. 4. Be it further enacted, That all moneys collected
by any officer for fines assessed against any member of said Fincs *
company shall be paid over to any person authorized to
receive the same, and all moneys so accruing shall belong

Thirty-two mem
bers.

Exempt from
road duty.

Five years.

Arms.

Name and style.

By-laws.

exclusively to said company, and be entirely under their
control.

Sec. 5. Be it further enacted, That said company shall
consist of not less than thirty-two nor more than one hun¬
dred regular members.

Sec. 6 . Be it further enacted y That said company shall not
be under any power of patrol, but they may be considered
individually and collectively, as may be determined by their
by-laws and constitution as a special patrol.

SEC. 7. Be it further enacted , That said company may
be augmented and perpetuated, the members thereof are
hereby exempt from working on the roads and from jury
duty.

Sec. 8. Beit further enacted, That a certificate from the com¬
manding officer of said company that the be rer thereof has
been an acting member of said company, in complete uni¬
form for five years, exempts said bearer from performing
military or patrol duties in any part of tbe State.

Sec. 9. Be it further enacted, That said company shall
be furnished by the Governor of the State with arms and
accoutrements upon the execution of a bond by the officers
of said company, with proper securities, payable to the
Quarter-Master-General of the State, any law or regulation
to the contrary notwithstanding.

Approved, February 24, i860.

No. 262.] AN ACT

To Incorporate tbe Henry Grays, in Henry county.

Sec. 1. Be it enacted by the Senate and Bouse of Represent -
alive* of the State of Alabama in General Assembly, convened,
That a volunteer company in the town of Abbeville, in
Henry county, be, and they are hereby incorporated by the
name and style of the Henry Grays, subject to the control
of the Governor only, except for the purpose of review, for
which they may be called out by the Brigadier and Major
Generals, and by that name may sue and be sued, plead and
be impleaded, buy and sell, and do all other acts which
bodies corporate may of right do and perform.

Sec. 2. Beit further enacted, Tnat said Henry Grays are
hereby authorized to adopt any constitution and by-laws,
for their own government, not repugnant to tbe laws of this

State or of the United States, which shall be obligatory on
the members of said company until repealed*

Sec. 3. Be it further enacted , That said company shall Thirty members,
consist of not less than thirty or more than eighty regular
members.

Sec. 4. Be it further enacted, That the members of said from
company be exempt from road and jury duty, and from ° er uy ‘
military duty, except as provided for in this bill

Sec. 5. Be it further enacted , That a certificate from the
commanding officer of said company, that the bearer there¬
of has been and is an acting member of fcavl company, in Exemptlon -
uniform for six months, shall entitle the said member to the
exemptions heretofore enumerated.

Sec. 6 . Be it further enacted , That said company shall
be furnished by the Governor of the State with arms and Arm8,
accoutrements, upon the execution of a bond by the officers
of said company, with proper security to the Quarter-Mas¬
ter-General of the State for the return of the same on de¬
mand, should said company disband, and for any damage
that they may sustain through or by negligence of said,
company.

Sec. 7. Be it further enacted , That all laws or parts of
laws contravening the provisions of this act be, and the
same are hereby* repealed.

Approved, February 25, 1860.

No. 263.] AN ACT

To Incorporate the Southern Fire-Arms Company.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,

That John D. Delaney, William H. Gladding, Mablon J.

Gallager, Robert F. Cole, Johnson J. Hooper and their
associate s and assigns and all such persons as may hereafter
hold stock in said company be, and tney are hereby incor-^
porated and made a body corporate and politic, by the name ycorpor& e '
and style of the “Southern Fire-Arms Company/’ and. by that
name shall be and are hereby made capable in law, to have,
hold and retain to them and their successors, lands, tene¬
ments, goods, chattels, moneys and effects of what kind so
ever; and tbe same to sell and dispose of; to sue and be
sued, plead and be impleaded, to make and have and use a
common seal, and to have and exercise all the powers inbi- powers.

dent to a body corporate and necessary and proper to their
business of mahufactufring fire-arms df all descriptions,
under the patent right for breach-loading fire-arms, issued
from the patent office of the United States of America, to
Mahlon J. Gallager and William H, Gladding, 6f Savan¬
nah, Georgia, in July, 1869, within the limits of the State
of Alabama. *

Sec. 2. And be it farther enacted, That the said company
be authorized to make such constitution and by-laws as they
may deem proper, not repugnant to the constitution or laws
of this State, and may appoint such offices, directors, agents
and servants for the conduct of their affairs, as they m^y
deem necessary and proper, and at such time and place in
said State as they may select and appoint

Sec. 8. And be it farther enacted , That the said company
may fix and establish the amount of capital stock necessary
for its business, not to exceed five hundred thousand dol¬
lars, and issue scrip for the shares held by the stockholders
in such amounts as they may determine; and no stockhol¬
der of said company shall transfer his stock, except to the
said company, while he may be indebted to said company,
unless by the consent of the company or its Board of Di¬
rectors ; but the company shall have a lien on the same for
the payment of such indebtedness.

Approved, February 24, 1860.

No. 264.] AN ACT

To Incorporate the Columbia True Blues, in Henry county.

Sec. 1 . Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly, convened ,
That a volunteer company in the town of Columbia, in
Henry county, be, and they are hereby incorporated by the
name and style of the “Columbia True Blues,” subject to
Name and style, the control of the Governor only, except for the purpose
ot review, for which they may oe called out by Brigadier
and Major Generals, and oy that name may sue and be sued,
plead and be impleaded, buy and sell, and do all other acts
which bodies corporate may of right do and perforip. .

Sec. 2. Be it further enacted , That said Columbia True
By-iaws, Blues are hereby authorized to adopt any constitution and
by-laws for their own government, not repugnant to the
laws of this State or which shall be obligatory On the mem¬
bers of said company until repealed.

By-laws.

Transfer stock.

Sec. Z. Be it farther .enacted^ That said company shall
consist of not kgs than'thirty or more than eighty regular
members.

Sec, 4 Be it farther enacted, That the members of said
company be exempt from road and jury duty and from
military duty, except as provided for in this bill.

Seo. 5.‘ Be it farther enacted. That a certificate from the
commanding officer of said company that the bearer there- Uniform -
of has been and is an acting member of said company, in
uniform for six months, shall entitle said member to the
exemptions heretofore enumerated.

Sec. 6 . Be it farther enacted , That said company shall
be furnished, by the Governor of the State, with arms and
accoutrements, upon the execution of a bond by the officers
of said company, with proper security, payable to the AAn#
Quarter-Master-General of the State, for the return of the
same on demand, should said company disband, and for
any damage tbat they may sustain, through or by negli¬
gence of said company.

Sec. 7. Be it farther enacted, , That all laws and parts of
laws, contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, February 2, 1860.

No. 265.] AN ACT

Relating to Incorporated Companies.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,

That the shares or inter* st of any person, in any incorpora¬
ted company heretofore created, or tbat may be hereafter
created, are hereby declared to be personal property, and
transferrable on the books of the company in such manner
as is or may be prescribed by the charter or articles of asso-Transfer on
ciation, or by-laws and regulations of the company; and ° 8 *
such shares or interest may be levied on by attachment or
execution, and sold as goods and chatties; and the purcha¬
ser shall be the owner of the share or shares, or interest
bought by him, and the officer making the sale shall trans¬
fer the Same to the purchased in writing; which shall be
registered on the books of the company. The levy may
be made with or without the officers having possession of
the certificate, or othet evidence of the ownership of the

X868km

stock or interest by horsing the tevy op^th© attachment
0* execution, sJatbagihe number of sharexor other interest
levied on.

ca*tody of books. Sec* 2. Be it further enacted, That the Secretary* or other
officer whose duty it is, or may be, to have the custody of
the books of the company, shall be bound to give to the
officer having such writ, upon its being exhibited to him, a
statement signed by him, in his* official capacity, pf the
number of shares or amount of interest held by the defend¬
ant in the company ; and if he neglect or refuse to do so, or
if he shall wilfully give a false statement thereof, be shall
be liable to the plaintiff, or the persons purchasing such
stock, as the one or the other may be damaged, for double
the amount of damages occasioned by such neglect, refusal
or false statement.

By-law*.

Mortgages, Ac.

Sheriff.

Execution or at*
tachmeot.

Sec. 8. Be it further enacted , That in all cases where by
the charter, articles of association or by-laws and regula¬
tions of an incorporated company, the transfer of the stock
is required to be made upon the book or books of such
company, no transfer of stock shall be valid as against bona
fide creditors or subsequent purchasers, without notice, ex¬
cept from the time that such transfer shall have been regis¬
tered or made upon the book or books ot such company.

Sec. 4. Be it further enacted , That where any incorpora¬
ted company shall not now, by its charter, by laws or oth¬
erwise, require the transfer of its stock to be made or reg¬
istered on the books of the company, it shall be the duty of
such company to forthwith make such provision; audit
shall be the duty of persoos j holding stocks not so trans¬
ferred or registered, or holding any stocks under hypothe¬
cation, mortgage or other lien, to have the transfer, hypoth¬
ecation, mortgage or other lien, made or registered on the
books of the company, or upon failing to do so within fif¬
teen days, all such transfers, hypothecations, mortgages or
other liens, shall be void as to bona fide creditors or subse¬
quent pnrehasers without no:ice.

Sec. 5. Be it further enacted, That any sheriff or other
officer having any execution, attachment, or other process,
leviable on the stock of any incorporated company, majjr
levy the same and sell either in the county of defendants
residence or the county in which tb© corporation is located,
or if the defendant be a non resident in the county where
judgment was obtained or the corporation located?

Sec, 0.. : Be it further enacted, That in all c$se$ in which,
an. fxecutiftp or attachment shall issue, against, any stock¬
holder whose[ Stock is subject, to levy ^ndiale by execution

or attachment* under this ae$* no Kep shall he created againat
theatockof such the

attorney or sheriff,, in whose bands said execution or attach¬
ment sha$ be placed* 1 gi?ea notice s^retary, eaefeier,
or other officer of said corporation whose duty it is to take
charge of the books, that said execution or attachment has
been issued and the name or names of the defendants t iers*
in, and, that until such notice is given, all traesiers duly
made shall be valid to the same extent as before the pas¬
sage of this act. * *

Sec. 7. Be itfv/rther enacted, That no lien held or retained
by the charter, by laws or regulations of any incorpor¬
ated compiiny, shall be \mpaired or interferred with by any
clause, section or provision of this act
Approved, February 22, 1860.

No. 266.] AN ACT

To extend and define the corporate limits of the city of'

Selma.

Sec. 1 . Beit enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened,
That the corporate limits and boundaries of the city of
Selma, in the county of Dallas, shall be, and the same are
hereby designated and established as follows: That is
to say, commencing on the south bank of the Ala¬
bama river, directly opposite the mouth of the creek
called and known as Beach creek, where said creek
empties into the Alabama river; thence westwardly
along the southern margin or bank of the Alabama
river to a point opposite the mouth of the creek,
called and known as valley creek, where said Valley creek
empties into the Alabama river; thence directly across said
river to the mouth of said Valley creek; thence north¬
wardly along the eastern margin of said Valley creek with
its meanderings to within twenty-five feet of the centre of
the Alabama and Mississippi Biver Railroad; thence east*
wardly within twenty-five feet of the centre of said rail*
road, and parallel therewith, until said railroad intersects
the northern margin of the street* in said city, called
known as North street: continuing tWice,eastward^
reaching the eastern teundary p? a street as marked at>4
laid out on a map oil the subdivision efthe tract of laud

1859-460.

Judge of probate

Ordinance*.

Taxe*.

known as the Sweater tract, formerly belonging to the estate
of Gilbert Sheerer, •deceased, which street is <pidJeS and des¬
ignated on said map as-street, said map having been

deposited in the office of the Judge of the Probate of Dal¬
las county for record, the street last named being the
most eastern street laid out on said Shearer tract, ana des¬
ignated in said.map; thence southwardly along and follow¬
ing the western edge or margin, as nearly as may be, of a
reservoir, natural water drain, until it reaches the said
creek called Beach creek; thence along the western margin or
bank of said branch creek to the Alabama river; and thence
directly across said river southwardly to the place of
commencement

Sec. 2. And be it farther enacted , That the charter of said
city of Selma, and the laws or ordinances passed and to be
passed in accordance therewith, shall be applicable to and
extend over the area and territory embraced within the lim¬
its and boundaries of said city as by this act defined and
established.

Sec. 3. And be it further enacted , That no portion of
‘the lands or personal property or persons to be brought
within the corporate limits of said city by force of this act,
shall be taxed or liable for any debt or obligation of said
city, created prior to the year eighteen hundred and sixty.

Approved, February 21, 1860.

No. 267.] AN ACT

For the Incorporation of Six Mile Town.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,
That the Town of Six Mile, in the county of Bibb, be, and
the same is hereby incorporated, and the bounds of said
corporation shall be a hali mile every way from the present
post office in said town.

Sec. 2. Be it further enacted, That an election by ballot
shall be held in the town of Six Mile, on the first Monday
in the mouth of March, 1860, or as early thereafter as prac-
Hection by bai-ticabie, to commence at 11 o’clock, A. M., and close 2
lot - o’clock, P. M., for the purpose of electing five councilors,

inhabitants of said town, who shall serve for the term of
one year, and uhtil their successors in office are duly elected
and qualified, which election shall be held by one of the

justices of the peace of be*t in which said town is sifted,
assisted by any two freeholders in said town whdrn he may
select, ana all subsequent elections for said offices of coun¬
cilors shall be held by any two of the eouneilmen, all per¬
sons living in the corporate limits being entitled to vdte
who are qualified to vote for members of the General
Assembly of this State, and during the week after the
election the councilman shall meet and elect by ballot one
of their number as Intendant, who shall in said town &e-
vfficio be a justice of the peace within the limits of the
same.

Sec. 3. Be it further enacted, That the Intendant and
Councilmen, together with the marshal and clerk, which
they are empowered to appoint shall severally before they
enter on the discharge of their duties, subscribe and take 0ath -
the following oath: w I, A. B., do solemnly swear that I
will to the best of my skill and ability, discharge all the duties
incumbent to the office, (of councilmen or constable, or
clerk, as the case may be,) so help me God. It shall 'be
the duty of the Intendant to preside at all the meetings of
the Councilmen and preserve order and decorum, and in
his absence any Councilman may be called to the chair; and
said Intendant and Councilmen are hereby declared and
and constituted a body politic and corporate, by the name
and style of the Intendant and Council of the town of
Six Mile, by which name they and their successors
shall be capable of suing and being sued, of pleading and
being impleaded in all manner of suits, either in law and
equity, and in general to do and perform all acts which are
usually incident to bodies corporate, to purchase, hold, use
and dispose of for benefit of said town, real, personal and incident to bod-
mixed property to the value of five thousand dollars. ie» corporate.

Sec. 4. Be it further enacted, That the Intendant of said
town is a conservator of the peace within the corporate limits
of said town, and it is his lawful right and duty to suppress
all affrays, riots and unlawful assemblies and insurrections,
and all lewd, indecent, profane, riotuous conduct in* any
public place therein, to do which he may summon to his
aid as k maay of the male inhabitants residing in the corpo¬
ration as he thinks necessary or proper. He has the same
power to punish for contempt as any justice of the peace
itt; this State. He has power to try aB offences against the
ordinances and by-laws of the corporation without regard
to fine or forfeiture, and to punish the offender by frajejor
imprisonment in the manner prescribed By said ordinances
or oy-laws.

Powers.

Prohibition.

Levy tax.

Officer*.

Bonds.

Ska 5. Be it further eimcie<r t That the. corporate, authori¬
ties, or a majority of them of eafd town shall haVe power
to suppress houses of ill fame, restrain, prohibit add punish
all acts of gross tmmioraftfcy, assaults and batteries, afifrays,
disorderly conduct and all other breaches of the peace
within the corporate limits; to license and regulate billiard
tables, ten pin alleys, and all other tables and alleys of a like
kind, and to correct and annul such and all other licences
granted by the corporation, to restrain and prohibit racing,
cock fighting within the corporate limits, to declare neui-
sances and to suppress and remove them, and in a like
manner all other things injurious to public health. They
may provide for the punishment of all persons violating
any of the ordinances or by-laws of saia corporation, by
fine not exceeding twenty dollars and by imprisonment not
exceeding three days; to establish night watches and
patrols, and punish for neglect of patrol duty, tp keep
open and in good repair the streets and alleys or said town
and to have all powers necessary to carry out the granted
powers herein above mentioned.

Sec. 6 . Be it further enacted , That the Intendant and
Councilmen shall have power to levy a tax not to exceed
fifty cents on the one hundred dollars in value of real
estate on the inhabitants and property of said town, to raise
money for the purpose of properly governing, managing
the affairs of said corporation, and they shall during the
ten days after their election elect by ballot a clerk, treas¬
urer and marshal, and prescribe^ the duties of said officers
when elected; that it snail be the duty of the clerk to issue
all executions for fines as adjudged by the Intendant, aqd
for taxes if not paid in three days after being called on by
the marshal for the same, signing the same and delivering
to the marshal, whose duty it shall be to collect and pay
over the same to the treasurer, who shall give bond with
good security before entering upon his office, and the mar¬
shal shall in making levies and sales be governed by the
laws*that regulate constables in this State.

SBC. 7. Be it further enacted , That the Intendant and
Councilmen shall,have power to remove from office the
clerk, treasurer and marshal upon satisfactory reasons, and
appoint others, and fix the salaries of such officers as in
their judgment they may deem sufficient, and if by them
thought advisable, take bonds from marshal and clerk tor
the faithful pkrfbrmaaeb of duty.

ArpjkwM} February 21, 1S0O.

No. 26 $.]

.AN ACT

To Incorporate Ifao town of Pkkeville„ia the GoootT of

Marion.

,> v ... ,

Sec, 1. Be it enacted by the S&mt& and Bmse of Represent

? ives of the State qf Alabama in General Aesermy, convmed f
bat the town of Pikeville, in the county of Marion, b%;
and the same is hereby incorporated, and the corporate
limits of said town shall be as follows: one*half mils square
aud the Court House to be in the center of said inoorpoiar
tiom

Sec. 2. Be it further exacted, That an election, shall be
held in the town of Pi!$eviiie, on'the first Saturday in
April, 1860, or as early thereafter as practicable, to cqn&p
rneoce at 11 o’clock, A* M., and close at 2 o’clock, P. \L,
for the purpose of electing five councilmern and an inten-
dant of said town, who shall serve for the term of ope year
and until their successors in office are duly elected and
qualified, which election shall be held by a Justice of the
Peace, assisted by two freeholders of said town, and all sub*
seqent elections shall be held in the town of Pikeville, ® ecU<m '
due notice having been given by the acting intendapt during
the month of February, and be assisted by.two councilmen*
and in the absence of the intenduntyby a majority of the coun-
cilinen, all persons within the corporate limits being entitled
to vote who are entitled to vote for members of the General Vot *'
Assembly of this State ; and as early as practicable after
the election, the councilmen shall meet ana elect by ballot,
one of their number as intendant, who shall in said town
ex officio, be a Justice of the Peace within the limits of the
same.

Sec. 3, Be it further enacted , That the intendant and.
councilmen, together with the constable and clerk, .which
they are empowered to appoint, shall severally, before they, *
enter upon the discharge of their duties, subscribe and take
the following oath, to wit: I, A B, (as the case may he,
intendant, councilman, clerk and constable*) dp solemnly
8wear that I will, to the best of my skill and ability, dja-
charge all the duties incumbent on pie, so help me Gcsfd* A:i
certificate of which oath shall be filed with the record Qf t
tbejboard, and it shall be the duty of tbu i otend^pt to ptp :\
side at all the meeting of the counodtp^Pta^
ortier and decorum,m h r |a
councilman may be called to the chair ;

dant and councilman are hereby constituted a body politic fe©d y poitta.

1859-80.

382

Streets.

By-laws.

Lery tax.

Executions.

Salaries.

and incorporate, by the name and style of the intendant
and council men of the town of Pikeville, by which name
they, and their successors in office, shall be capable in law
of suing and being sued, of pleading and being impleaded,
in all manner of suits* either in law or equity, and in gen¬
eral to do and perform, all acts which are usually incident
to bodies corporate; purchase and hold or dispose of for
the benefit of said town, real and personal and mixed prop¬
erty to the value of five thousand dollars.

Sec. 4. Be it further enacted , That the intendant and
councilmen, or a majority of them, are hereby invested
with full power to keep open and in good repair, the streets
and alleys of said town ; to preserve peace and good order ;
to fine in cases of assault and battery in any sum not ex¬
ceeding twenty dollars, and the same to collect; to prevent
and to remove nuisances; to suppress gaming of every de¬
scription ; to establish night watches and patrols, and to
restrain or tax shows or exhibitions, and to prevent the sale
of spirituous liquors without license in said town, and to
impose a fine not exceeding fifty dollars for any violation
of the by-laws, for the purpose of carrying into effect the
powers herein granted, and all other powers necessary for
the good government of said town, not inconsistent with
the laws of this State.

Sec. 5. Be it further enacted , That the intendant and
councilmen shall have power to levy a tax on the inhabitants
and property of said town, to raise money for the purpose
of properly governing and managing the affairs of said
corporation, and they shall as soon as convenient after the
election, elect by joint ballot a clerk, treasurer and consta-
hie for said town, and it shall be the duty of said clerk to
issue all executions for fines and taxes which may be neces¬
sary, signing the same, and deliver the same to the consta¬
ble, whose duty it shall be to collect and pay over the same
to the treasurer, who shall give bond and sufficient security
to the intendant and councilmen before entering upon his
duties.

Sec. 6 . Be it further enacted , That the intendant and
councilmen shall have power to remove from office the
clerk, treasurer and constable, upon satisfactory reason, and
appoint others, and fix the salaries of such officers, as in
their judgment they may deem sufficient, and if by them
thought advisable, taking bonds from the constable and
clerk, for the faithful performance of duty.

Approved, February 21, I860.

1859~m

888

No. 269.] AN ACT

To Incorporate the town of Oxford, in Calhoun county.

Sec. 1. Be it enacted by the Senate and Bouse of Represent*
atives of the State of Alabama in General Assembly, convened ,

That the town of Oxford, in the county of Calhoun, be,
and the same is hereby incorporated, and the corporate cow™** limit#,
limits of said town shall be as follows: To commence at the
railroad culvert in said town and extend one-half mile in
every direction from said culvert.

Sec. 2. Be it further enacted , That an election shall be
held on the second Monday in March, A. D., I860, to com¬
mence at 10 o’clock, A. M., and close at 2 o’clock, P. M.,
for the purpose of electing seven councilmen, inhabitants of
said town, who shall serve for the term of one year and
until their successors in office are duly qualified and in office,
which election shall be held by an acting Justice of the
Peace, assisted by two freeholders of said town, and all sub¬
sequent elections held in said town for councilmen, shall be
held on the first Monday in March annually, and shall be
held by theintendantand any two councilmen, to commence
and close as above stated, due notice of said election to be Notice of «iect»n.
given by the intendant for ten days previous to the election,
by posting up notice in three public places in said incorpor¬
ation, and all persons living within the corporate limits of
said town who are entitled to vote for members of the Gen¬
eral Assembly of this State, are entitled to vote in said
election for councilmen, and as early as practicale after the
election, the councilmen shall meet and elect by ballot one
of their members as intendant.

Sec. 3. Be it further enacted , That the intendant and
councilmen shall have power to elect a marshal and clerk
and treasurer, and that all the officers created by this incor- power*,
poration shall be required before entering upon their duties
to take and subscribe the following oath, to-wit: I, A B.,

(as the case may be, intendant, clerk, marshal or treasurer,)
do solemnly swear that I will to the best of my skill and oath,
ability discharge all the duties incumbent on me without
favor or affection, so help me God, which oath shall be
administered by a Justice of the Peace, and a certificate of
which oath shall be filed with the record of the board.

Sec. 4. Be it further enacted , That it shall be the duty of
the intendant, to preside at all the meetings of the council*
men and preserve order and decorum, and in bis absence or
incapacity, any councilman may be called to the chair, and

Btrects.

the said intendant and codncilmcn are hereby oonetitete& k
Body corporate, body politic anddn<x>yporate by ihe name and style of the
intendant and oouiusjdhpNila of the town ofOxtotd, by wbteh
name they and tH^l^csissors in office, shall be capable in
law of suing and of pleading and being implead¬
ed, in all manner in law or equity and m

general to do and periwtft all acts which are usually - ibci*
dent to bodies corporate, to purchase and hold or dispose
of, for the benefit of said town real, personal and mixed
property to the value of ten thousand, dollars.

Sec. 5. Be it further enacted , That the intendant and
councilmen or a majority of them are hereby invested with
full power to keep Open and in good order the streets and
alleys of said town, to preseve peace and good order, to
fine in cases of assault and battery in any sum not exceed¬
ing ten dollars, and collect the same, to prevent and remove
nuisances, to tax shows or exhibitions, to pros all by laws
for the purpose of preserving peace and gopd order, atid for
carrying into effect the powers herein granted, and all other
powers necessary for the good govenment of said town,
not inconsistent with the constitution and laws of this State.

Sec. 6 . Be it further enacted , That the Intendant of said
town ia a conservator of the peace within the corporate
limits of said town, and it is bis duty and right to suppress
ali affrays, routs, riots, unlawful assemblies and insurrec¬
tions, and all lude, indecent, profane, riotous or disorderly
conduct in any public place therein, to do which hfc may
summon as many of the male inhabitants residing in the
incorporation as he thinks proper. He has power to pun¬
ish for contempt during the proceeding of any trial before
him in the same manner and under the same rules and
regulations prescribed by the Code of Alabama, in refer¬
ence to the punishment for contempts, by justices of the
peace. He has full power to try all offences against the
ordinances and by-laws of the corporation, to hear the
testimony both for and against the accused, and to pun ? sh
the offender by fine, or imprisonment if the fine is not paid;

/ the fine not to exceed ten dollars, nor imprisonment not
more than five hours.

Sac. 7. Be it further enacted , That the iutentendant and
councilmen shall have power to levy a tax or* the inhabi¬
tants of said incorporation and on fall the taxable property
within the limits of said incorporation, te raise hioney fbf
the purpose of keeping the streets and alleys in good repair,
Miiaafcmeai « f am j for the tfarpose of properly governing and

the affairs oi said incorporation* and shall have power to

Suppress alt
affrays, Ac.

Powers.

fix the salary of the marshal dark and teeasnrer, and it
shall be the duty pf the clerk to issue all executions for
fines and taxes, which may be the* same

afcd deliver the same to the marsluf^|hoii6 duty it shall be
to collect and pay over the same to the Ireasurer, and the
treasurer shall be required to giv^ bond and sufficient
security, payable to the intendant and Councilmen and their
successors in office for the faithful performance of his duties
before entering upon the duties of his office.

Sec. 8. Be it farther enacted , That the marshal of said
town shall have power to serve writs and all processes issu* Proc€8S .
ing from the hands of justices of the peace, both in civil
and criminal cases, which may be placed in bis hands, and
to perform all other duties and powers now conferred by
law upon,the constables in this State: Provided, That the ProbateJud
said marshal shall give bond and security for the faithful
performances of his duties to the Probate Judge of Calhoun
county; said bond shall be given in the same way and be
of the same effect as bonds now required to be given by
constables in this State, and a proper record kept by the
Probate Judge of said county; said marshal shall be re¬
quired to give bond and security for the faithful perform¬
ance of his duties to the infcendanfc and councilmen, as
marshal of said corporation before entering upon his duties.

Sec, 9. Be it further enacted , That the intendant and
councilmen shall have power to remove from office the ?owerg
clerk, treasurer and marshal, upon satisfactory reasons, °" en ‘
and appoint others and fix the salaries of each officer, as in
their judgment they may deem sufficient, said incorporation
shall not go into effect until duly organized as herein pro¬
vided.

Approved, February 21, 1860.

No. 270.] AN ACT

To Incorporate the town of Montevallo.

Sec. 1. Be it enacted by the Senate and House of JRepresent •
atives of the State of Alabama in General Assembly convened,

That the town of Montevallo, in the county of Shelfcjy, be*
and the same is hereby incorporated, and the oorpow^^ 4tt,te ‘
limits of said town shall extend a half mile every direction .
from the u Shelby Hotel”

. 25

880

186d-’60»

Jtleetiou.

Provided.

Affidavit.

Duties.

Power of officer!

Sec. 2. Be it further enacted, That an election shall be
held in the town of Montevallo on the first Monday in
March pext, and on the same day annually thereafter, to
commence at 11 o’ctqck, A. M., and close at 3 o’clock, F.
M., for the purpose of electing four councilrnen and an
intendant, who shall serve for the term of one year and
until iheir successors are qualified, which election shall be
held by any Justice of the Peace of said county to be assis¬
ted by two freeholders in said town to be selected by the
justice holding the election, and all subsequent elections
shall be conducted and held by any two councilrnen. The
person receiving the highest number of legal votes for the
office of intendant will be elected intendant, and in case of
a tie vote, the intendant for the time being shall give
the casting vote; and four persons receiving the highest
number of legal votes for tne office of councilrnen, will be
elected councilrnen; every citizen of said town who will be
a legal voter for members of the Legislature, will be a legal
voter for intendant and councilrnen : Provided p he shall
have been actually and legally a resident of said town for
three months next preceeding the election, and shall have
paid his town tax, and not otherwise.

Sec. 3. Be it further enacted , That the intendant and each
councilman before entering on the duties of his office shall
make and submit an affidavit, that he will faithfully and to
the best of his skill and judgment perform the duties
assigned to him without favor or partiality, and which affi¬
davit shall be filed in tbeir office. It shall be the duty of
the intendant to preside at all meetings of the councilrnen
and preserve order and decorum, and in his absence the
councilrnen can call one of their number to the chair, and
the said intendant and councilrnen are hereby declared and
constituted a body politic and corporate by the name and
style of the “ Intendant and Councilrnen of the town of
Montevallo,” by which name they and their successors in
office shall be capable of suing and being sued, of pleading
and being impleaded, in all manner of suits either in law
or equity, and in general to do and perform all acts which
are usually incident to bodies corporate, to purchase, hold,
use, dispose of for the benefit of said town, real, personal
and mixed property to the value of five thousand dollars.

Sec. 4, Be it further enacted , That the intendant shall be,
and is hereby invested ex officio with, and may exercise in
said town all the powers and authority that belong to Justices
.of the Peace by the laws of this State, and hia jurisdiction
shall extend only to cases that originate in the corporate

limits of said town; and the marshal of said town shall be
vested with all the powers and authority that belong to con*
stablesMn this State, and the said intendant and marshal
shall be liable respectively to the same penalties and restric¬
tions as are imposed by the laws of the State upon the
several offices with which they ara invested, and the infcen-
dant of said town shall have power to try all offences against
the ordinances and by-laws of the corporation, and to punish
the offenders by fine and imprisonment, in the manner pre¬
scribed by said ordinances and by-laws, and that the coun-
cilmen shall have power to fill all vacancies occuring in any
offices of the corporation by death or otherwise.

Sec. 6. it further enacted ) That the intendantand coun-
cilmen shall have full power and authority to pass and
enforce all ordinances deemed necessary and proper to pre-^ n e ^ i0U9 db
vent contagious or infectious diseases from being introduced
or kept in said town, and to preserve the health of ihe
inhabitants thereof, to prevent and remove all nuisances at
the expense of the person causing such nuisance, or upon
whose property it may be found, to license, tax, regulate or
restrain all shows, theatrical amusements, exhibitions and
lectures,to prohibit and suppress gaming and gaming houses,
cock fightiog and horse racing, houses of ill fame within
the corporate limits, to establish night watches and patrols
and to appoint leaders and captains thereof, to make, alter,
ascertain, new streets and alleys, to clear and keep in repair
said streets, to restrain, prohibit and punish vice and im¬
morality, disorderly conduct, affrays, assaults and batteries
and all other breaches of the peace within the corporate
limits, and generally to pass such by-laws and ordinances
not contrary to the laws of the State and of the United
States, as they shall from time to time deem necessary and
proper, to carry into effect the true meaning and intent of
this act, and the same to enforce,alter and repeal. They may
provide for the punishment of all persons violating any of
the ordinances or by-laws of said corporation by fine not
exceeding fifty dollars and by imprisonment not exceeding rinea.
five days they may also establish a tariff of fees to be paid
the officers of the corporation in case of the violation of the
ordinances and by-laws, by the defendants on conviction,
and may enforce by appropriate process the collection of the Fee*,
same, they shall have power to fix the fees and salaries of
the clerk and marshal. The intendant and two councilmen*
or in the absence of the intendant, three eounciimen shall
constitute a quorum to do business.

Sec. 6 . Be it further enacted. That the intendant and coun-

1859^# 88&

crimen shall have power and authority to assess* levy and
collect within the corporate limits all the revenues necessary
for its government, as follows: On real estate they 'shall
Revenues. have a to levy a tax not exceeding fifty cents on each
hundred dollars worth; oa each white male inhabitant
above twenty-one years of age and not over forty-five a
poll tax not 'exceeding three dollars: Provided , he shall
have been residing within the corporate limits for two
months proceeding the time the tax is levied ; on each slave
between five and ten not exceeding twenty-five cents,
between ten and fifteen not exceeding seventy-five cents,
Provided. between fifteen and thirty not exceeding one dollar and
fifty cents, between thirty and forty not exceeding one
dollar, between forty and sixty not exceeding eighty cents,
and on every male free negro who shall reside in the cor¬
poration not over fifteen dollars, and on every female free
negro not over ten dollars, on the salaries and incomes of
doctors, lawyers and teachers not more than fifty cents on
the hundred dollars on their professional income, and on
the gross amount of sales of merchandize of any sort on
every hundred dollars and at that rate not exceeding twenty
cents, and on money loaned at legal or illegal interest, or
used for shaving, exchange or banking business not to
exceed the per centum as taxed by the laws of the State,
and after the assessment of taxes, if the same is not paid
after ten days publio notice given by the marshal, the assess*
ment shall have force and effect of a judgment and execu¬
tion. .

Sec. ?. Be it further enacted , That all property, claims
and demands, belonging to the old corporation of Monte*
vallo, shall be vested in the corporation created by this act,
and that all debts or liabilities incurred by the old corpor¬
ation shall be good and enforced against this corporation.
Some other day. Sec. 8. Be it further enacted , That should an election not
take place on the day fixed for the annual election of inten-
dant and council men, it shall be the duty of the councilmen
to fix some other day within a month thereafter on which
the said election shall be held.

Sec. 9. Be it further eriacted , That at the first election
for intendant and councilmen under this act, the sense of
the legal voters of said town shall be taken upon the ques-
on n 8 retaiiine te ii- tion of retailing spirituous or vinous liquors within the cor¬
pora. porate limits, and to that end, it shall be the duty of the

returning officers to propose to each voter as be presents
himself, the question “ retailing or no retailing*” ana the
clerks of said polls Shall register the vote given; &tid it shall

be the duty ,ofthe to east up stl$h vote,

and if it shall appear ihat a majority of ail the votes east
up are against retailing, then no licenaesh&U be granted by
the Judge of Probate or officers of said corporation to
retail spirituous, or vinous liquors within the corporate
limits, but if a majority of all the votes cast are in favor of
retailing, then said iatendant and eouneilmen, shall baVe
power to license such retailers of liquors, which license
must not be less than fifty dollars nor more than three
hundred and fifty dollars; Provided, such personor persons
as they may see fit to license, shall have first obtained ap rovided
license from the Judge of Probate of said county, as is now
required by law.

Sec. 10. Be it further enacted, That the intendant and
council for the purpose of properly managing and govern- Electi(m
ing the affairs of said corporation, shall within ten days
after their election elect by ballot a clerk, treasurer and
marshal of said town, and prescribe the duties of said offi¬
cers when elected- They shall also have power to remove Removul f
from office the said clerk, treasurer and marshal, upon satis* office,
factory reasons, and appoint others, and fix the salaries of
such officers, as in their judgment they may deem sufficient,
and take bonds irom the clerk, treasurer and marshal for
the faithful performance of duty.

Sec. 11. Be it further enacted, That the inhabitants iff
the town of Montevallo shall be exempt from working on
roads and highways out of such corporate limits, and from
patrol duty out of the same, but streets and highways within ExempUon5 ’
the cprporate limits shall be kept in repair by the corpora*
tion; and all citizens within the provisions of the Code of
this State, shall be subject to patrol duty, and the duties of
watchmen as may be prescribed by the corporate authorities.

Sec. 12. Be it further enacted^ That an “ act, entitled
an act, to incorporate the town of Montevallo, and forother
purposes,” approved March 1st, A. D., 1848, shall be, and Repealed,
the same is hereby repealed, and ajso all laws and parts of
laws which may contravene any ol the provisions of this
act, shall be, and the same are hereby repealed*

Approved, February 8,1860.

1859-’60.

Powers.

Limit#.

Election.

No. 271.] AN ACT

To establish the Coosa County Medical Board*

Sec. 1, Be it mooted by the Senate and Home of Represent -
atives of the State of AlaJxima in General Assembly corivened,
That T. W. Mason, M. G. Moore, J. 0. Harris, A. D. Gra¬
ham, B. T. Smith, J. A. Kelly, J. P. Goggin, and J. L.
Gilder, and their successors, are hereby constituted a
Medical Board for the county of Coosa, to be styled “ The
Coosa County Medical Board.”

Sec. 2. Be it further enacted , That said Medical Board
shall be entitled to all the privileges and subject to all the
the liabilities and restrictions provided for by the Code of
Alabama, from sections 971 to 982 inclusive.

Approved, February 24, 1860.

No. 272.] AN ACT

To Incorporate the Town of Perote, in Pike County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,
That the town of Perote, in the county of Pike be, and the
same is hereby incorporated under the name and style of
the Intendant and Council of the town of Perote, and
under that name they shall be liable to sue and be*sued,
may glead and be impleaded in all manner of suits, both
in law and equity, and have and keep a common seal, and
the same to break, alter, or renew at pleasure, and in short
have a power to do all acts incident to bodies corporate,
and may purchase, hold and dispose of, for the benefit of
said incorporation, town property, real, personal or mixed
to the amount of twenty thousand dollars.

Sec. 2. Be it further enacted , That the corporate limits
of said town of Perote, shall extend from the centre of
public square of said town five-eights of a mile north and
east, and one-half a mile south and west.

Sec, 8. Beit further enacted, That there shall be seven
couneilraen elected for said town between the hours of 10
o’clock, A. M. and 4 o’clock P, M., on the second Monday
in March next, which election shall be conduct' d by Jesse
Lock, Isaac Ardis, B. H. Riley, Moses Padgett, James
W. Crossley,-*-, any two of whom

391 1859^60.

shall have power to act, and shall give certificates of elec¬
tion to the persons who shall have received the highest
number of votes: Provided , the said managers before they
enter on the duties herein assigned them shall take an oath
before some justice of the peace to conduct said election
according to law, and said councilors so elected, shall con¬
tinue in office until their successors are elected and duly
installed.

Sec. 4. Be it further enacted , That all subsequent elec¬
tions for councilmen in said town shall be holden on second
Monday in January of each year, and shall be conducted
by any two of the councilmen, to be appointed by Subsequent elee-
Board for that purpose, and if from any cause, said election t ons
shall not take place on the day set apart for holding the
same, the Board may appoint some other day for holding
said election, upon first giving five days notice thereof, by
posting said notice in some conspicuous place in the town
of Perofce, and in said election all free white males twenty-
one years of age, who have been for three months next
preceding said election residents of said town of Perote,
shall be entitled to vote.

Sec. 5. Be it further enacted , That after each election is
holden, the councilors so elected shall convene in some
suitable place in said town, and take and subscribe an oath 0ath ‘
before some justice of the peace or some person authorized
to administer the same, faithlully to discharge the duties to
them committed without favor or affection, or partiality,
and to support the constitution of the United States and
the state of Alabama; a certified copy of which oath shall
be filed with the clerk of the Board of Councilors.

Sec. 6 . Be it further enacted , That when said councilors
shafi have been qualified as herebefore provided, they
shall proceed to elect by a majority of votes from their
own body an intendant, whose jurisdiction shall extend to
all laws passed by the incorporation for the government,
and in the absence or in capacity of the intendant, any mem¬
ber may be called to the chair. The intendant shall ap¬
prove all ordinances that may be passed by the Board and intend*^
shall be ex* officio justice of the peace for all purposes con¬
nected with the incorporation and the enforcement of its
laws, and shall be entitled to receive for his services the
same fees as are* allowed to justices of the peace in the
county of Pike.

Sec. 7. Be it further enacted, That said Board of inten¬
dant and councilmen or a majority of them, shall have
power to pass by-laws and ordinances for the government

392

Appointments.

Bond.

Powers.

Provided.

Tax.

Provided.

License to retail

Provided.

of said town, not inconsistent with the constitution and
laws of the State, to appoint a clerk, a treasurer and a
marshal, and such other officers for said town, as they may
deem proper for the good government of the same, ami
said Board shall prescribe the duties and compensation of
said officers, and the same to remove at pleasure for neglect
of .duty or malfeasacne in said office, and said Board may
require such bond from their several officers, as they may
deem proper to ensure the faithful performance of their
respective duties.

Sec. 8. Beit further enacted, That said Board shall have
exclusive control over public streets, alleys, springs and.
wells and all public works belonging to said incorporation,
and shall have power to enact and enforce patrol laws,
quell riots and disturbances, and suppress disorderly or in¬
decent conduct, prevent and remove nuisances, punish
offenders against the by-laws and pass and enforce all ordi¬
nances that may tend to promote the peace and harmony,
good order, health and well-being of the citizens of said
incorporation: Provided , That no one penalty or fine in
any one case shall exceed fifty dollars or fifty days impris¬
onment in the guard-house.

Sec. 9. Be it further enacted , That said Board or a major¬
ity of them, shall have full power to levy and collect such
tax upon the citizens living or holding property within the
limits of said incorporation as may be necessary, not ex¬
ceeding two dollars and fifty cents on each free white
person over twenty-one years of age, and an ad valorem tax
not exceeding one tenth of one per cent, on all goods and
merchandise sold within the incorporation, and the same
tax ornall chattels, lands and tenements being within the
limits aforesaid, and said Board shall have power to levy
such tax on all itenerant merchants, hawkers, peddlars,
traffieers and shows or exhibitions, as they may deem
proper : Provided, That in no one case shall tbe tax levied
exceed twenty-five dollars.

Sec. 10. Be it further enacted, , That said Board of coun¬
cil men shall be authorized to issue license to any person to
'retail ardent spirits within the limits of said incorporation
for one year, for or upon the payment of a sum not less
than five* hundred dollars nor exceeding one thousand dol¬
lars, as the Board in their discretion may deem proper:
Provided, the person applying for the same shall present
such an application signed by three respectable freeholders
of said incorporation, and the amount required by said

m i859-m

Board shall be paid into the treasury before the said license
shall be issued.

Sec. II. And be it further enacted , That said Board of
couneilmen shall be authorized to issue license to any per- LlcenBet0whol€ .
son to sell ardent spirits by the wholesale within the limits 8ale -
of said corporation lor one year upon the payment of a
sum not less than two hundred nor more than five hundred
dollars, as the Board in their discretion may deem proper:

Provided , the applicant for said license shall pay said
amount into the treasury of said Board before such license
shall be issued.

Sec. 12. And be it further enacted ) That any person who
shall sell ardent spirits within the limits of said incorpora¬
tion without obtaining license according to the provisions of
the two preceeding sections, shall on conviction thereof,
before the intendant of said town for each offense be fined Penalty,
in a sum not less than twenty-five nor more than fifty dol¬
lars, one half of said fine to be paid to the informant and
the other to be paid into the treasury of said Board.

Sec. 13. And be it further enacted , That the officers of Record,
said incorporation shall keep a record of their proceedings,
and no by-law shall be in force until it shall have been
posted in some conspicuous place within the limits of said
incorporation for at least ten days.

Sec. 14. And be it further enacted , That the citizens of said
town shall not be compelled to work upon or open roads
beyond the limits of said incorporation.

Sec. 15. And be it further enacted , That the provisions Medical pur-
of this act shall not apply to regular physicians and drug- 1 * 3 " 8,
gists located in the said town of Perote, so as to prevent
them to sell or purchase ardent spirits strictly for medical
purposes.

Sec. 16. And be it further enacted , That all laws and parts
of laws contravening the provisions of this act be, and the
same are hereby repealed.

Approved, February 21, 1860.

1869-’60.

Limits.

Election.

Qualification.

Oath.

Doties.

894

No. 273.] AN ACT

To Incorporate the town of Lowndesboro’, in the county

of Lowndes.

Sec. 1. Be it enacted by the Senate and House of Represent’
atives of the State of A labama in General A ssembly convened,
That the town of Lowndesboro’, in tbe county of Lowndes,
be, and the same is hereby incorporated, and the corporate
limits of said town shall be as follows: To commence at
the centre where Water street crosses Broad street three-
fourths of a mile each way, north and south, and one-fourth
of a mile east and west from said line.

Sec. 2. Be it further enacted , That an election shall be
held in the town of L6wndesboro’ on the first Monday in
April, 1860, and, on the same day annually thereafter, to
commence at eleven o’clock, A. *M., and close at three
o’clock P. M., for the purpose of electing 4 seven council men,
inhabitants of said town, who shall serve for the term of
one year and until their successors in office are duly elected
and qualified, which election shall be held by some Justice
of the Peace and two freeholders of said town, and all sub¬
sequent elections shall be conducted and held by tbe inten-
dant and any two councilmen, or, in the absence of the in-
tendant, by a majority of the councilmen, all persons in
the corporate limits being entitled to vote, who are quali¬
fied to vote for members of the General Assembly of this
State, and on the day alter the election the councilmen shall
meet and elect by ballot one of their own members as in-
tendant, who shall in said town ex officio be a Justice of the
Peace within the limits of the same.

Sec. 3. Be it further enacted , That the intendant and
councilmen together with the constable and clerk, which
they are hereby empowered to appoint, shall severally, be¬
fore they enter on the discharge of their duties, subscribe
and take the following oath, to-wit: I, A B, (as the case
may be) intendant, councilman, clerk or constable, do sol¬
emnly swear that I will, to the best of my skill and ability,
discharge all the duties incumbent on me—so help me God.
A certificate of which oath shall be filed with the records
of tbe board, and it shall be the duty of the intendant to
preside at all meetings of the councilmen, and preserve
order and decorum, and in his absence or incapacity any
councilman may be called to the chair, and the said intend¬
ant and councilmen are hereby declared and constituted a
body politic and corporate, by the name and style of the

895

1859-m

intendant and council of the town of Lowndesboro^ by
which namo they and their successors in office shall be
capable of suing and being sued, of pleading and being
impleaded, in all manner of suits, either in law or equity,
and in general to do and perform all acts which are usually
incident to bodies corporate, to purchase, hold, use and dis¬
pose of for the benefit of said town, real, personal or mixed
property to the value of five thousand dollars.

Sec. 4. Beit farther enacted , That the intendant and coun-
cilmen, or a majority of them, are hereby invested with
full power to keep open and in good repair the streets and
alleys of said town, to preserve the peace and good order •
of the same, to fine for assaults and batteries and disorderly
conduct in any sum not exceeding twenty-five dollars, and
the same to collect, to prevent and remove nuisances, to Powers *
suppress gaming of every description, to establish night
watches and patrols and punish for neglect of patrol duty, to
restrain, tax or prohibit shows or exhibitions and the sale
of spirituous liquors in said town, and may impose a fine
not exceeding fifty dollars for any violation of the by-laws
for the purpose of carrying into effect the powers herein
granted, and all other power necessary for the good gov¬
ernment of said town not inconsistent with the laws of
this State.

Sec. 5. Be it further enacted, That the intendant and
council men shall have power to levy a tax on the inhabit- Ley y
ants and property of said town to raise money for the pur¬
pose of properly governing and managing the affairs of said
corporation, and that they shall, as soon as convenient after
the election, elect by joint ballot a clerk, treasurer and con¬
stable of said town, and it shall be the duty of the said
clerk to issue all executions for fines and taxes which may
be necessary, signing the same and delivering the same to
the constable, whose duty it shall be to collect and pay over
to the treasurer, which last named officer shall give
bond and sufficient security to the intendant and coun-
cilmen before he enters upon the duties of bis office. ixen, t tr*n

Sec. 6. Be it farther enacted, That the citizens of said ro^duty.
corporation shall be exempt from road duty, other than the
corporate limits before described.

Sec. 7. Be it further enacted, That the intendant and
councilmen shall have power to remove from office the Remove from of-
clerk, treasurer and constable, upon satisfactory reasons,* 6 ® -
and appoint others, and shall fix the salaries of such officers
as in their judgment they may deem sufficient, and if by

i m

them thought advisable taking bonds from the clerk and
constable for the'faithful performance of duty.

Approved, February 25, 1860.

No. 274.] AN ACT

To Incorporate the Alabama Baptist State Convention.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That A. Gr. MeCraw, A. B. Goodbine, W. H. McIntosh, H.
Talbird, W. N. Wyatt, S. Henderson, E. D. King, W.
Horn buckle and S. H. Fowlkes, be, and they are hereby
Powers. created and made a body corporate, by the name and style
of the Alabama Baptist State Convention, and by that name
may sue and be sued, plead and be impleaded, in any and
all of the courts of this State, and the said corporation is
hereby invented with capacity and right to receive and
acquire property by gift, devise or otherwise, and have, hold,
use and enjoy the same, whether real or persona), to an
amount not exceeding one hundred and fifty thousand dol¬
lars in value, the same to be used and employed in the pros¬
ecution of benevolent enterprises, and for the propagation
and spread of the Gospel.

Sec. 2. Be it further enacted, That should any of the per¬
sons before named as corporates die, be removed, resign, or
remove from the State of Alabama, then the remaining

cer orator««haii corporators shall have power by a vote of the majority
appoint. thereof, to appoint others to take their place, and the sue*
cessors, or persons so appointed, shall have all the powers,
privileges and immunities conferred by this acton the above
named persons.

Sec. 3. Be it further enacted, That all gifts, grants and
donations which may have been heretofore made to the
Alabama Baptist State Convention, whether by will, deed
or otherwise, or which may have been made to any of the
Gifts,grant*,*?, boards of said convention and all such gifts, grants and
donations as may hereafter be made to said convention, or
any of the boards created by and acting under its authority,
of any moneys, property or effects* shall be deemed and
held valid and effectual in law and equity, and no contract,
donation, gift or devise hereafter to be made ahai? ^ by
reason of any misdescription or misnomer of said conven¬
tion, in any instrument conferring, or attempting Jo confer
the same: Provided, That this section shall not be so con-

pro Tided.

strued as to interfere with any vested pr contingent right
in any third person or persons, t ...

Sec. 4. Be it further enacted, That said corporation may
make, ordain and establish all by-laws, rules and regularBr.iaw8.Ac.
tions which may be deemed necessary for the prosecution
of its business: Provided , they be not repugnant to the con¬
stitution and laws of this State; but said corporation shall
have no power to interfere in any manner with the inde- ^
pendence of any of the churches of said Baptist denomina* • 0Y e '
tion, or exercise any jurisdiction over the same either
original or appellate.

Sec. 5. Be it further enacted, That the said corporation
may loan out its funds at a rate of interest'not exceeding *** loan mnd, ‘
eight per cent, per annum on bills or notes, and may take
security by mortgage or otherwise for its re-payment, and
the accumulation by way of interest shall be used for benev¬
olent purposes, or the spread and propagation of the Gos¬
pel, and the funds of said corporation shall never be used
for private emoluments, except so far as to pay the persons
employed in and about the business of said corporation a
reasonable compensation for their services.

Sec. 6. Be it further enacted, That the property, funds
and effects of said corporation, whether employed for accu¬
mulation or retained in possession of said corporation being Sutton. from
dedicated to religious purposes, shall be free and exempt
from taxation.

Approved, February 17, 1860.

No. 275.] AN ACT

To amend the charter of the town of Dayton, in Marengo

county.

Sec. 1 . Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened,

That from and after the passage of this act, if an election
for intendant and councilmen for the town of Dayton is not NoUc€ '
held at the time provided therefor by the charter of said
town, or the intendant and councilmen thereof shall resign,
an election therefor may at any time thereafter be held by
notice in writing of the time and place of holding the same
being given by five freeholders of said town, ana the s*m#
posted up at some conspicuous place within the limit#
thereof, five days previous to such election.

1859- 60.

Certificates.

Provided.

Vacancy.

898

Sec. 2. Be it farther enacted. That said election may be
conducted by any three freeholders of said town as mana¬
gers thereof, who shall give certificates of election to the
five persons who have received the highest number of votes:
Provided\ said managers, before holding said election, shall
take an oath before a Justice of the Peace to conduct the
same according to law.

Sec. 8. Be it farther enacted , That if any vacancy shall
occur in the board ol intendent and councilmen of said
town, such vacancy shall be filled by a majority of the
remaining members thereof.

Approved, February 15, 1860.

No. 276.] AN ACT

To Incorporate the Commercial College of Montgomery.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened,
That John J. Byrd and his successors in office be, and is
hereby constituted and declared a body corporate, by the
name and style of the “ Commercial College of Montgom¬
ery, n and by that name may sue and be sued, plead and be
impleaded, answer and be answered unto, in all kinds of
actions, both in law and equity, may receive donations, pur¬
chase property of any kind, whether real, personal or
mixed, the same to hold, use or dispose of at pleasure, and
to have and use a commercial seal. He shall further be
empowered to make such rules, regulations and by-laws,
for the good government of said college as may be neces¬
sary, the same not being repugnant to the constitution of
the United States or the constitution and laws of this State.

Approved, February 23, 1860.

No. 277.] AN ACT

Incorporating the town of Rockford, in Coosa county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That the tbwp of Rockford, in the county of Coosa, be, and
the same is hereby incorporated with the following boun*

Boundaries

claries, viz: Beginning at the south-east corner post of sec¬
tion thirteen, of township twenty-two, range eighteen,
east ; thence north along the line of said section to the half*
mile stake; thence west along the line of said quarter sec¬
tion to the half-mile post; thence south along the line of
said quarter section to the half-mile post on the southern
line of said section thirteen; thence east along said line to
the place of beginning.

Sec. 2. And be it further enacted , That an election shall
be held at the court house in said town on the first Monday
in March next, and annually thereafter, the polls to be ffiectton ,
opened at 10 o’clock, A. M., aDd closed at 1 o’clock, P- M.,
for the purpose of electing, by ballot, five councilors,
inhabitants of said town, who shall serve for the term of
one year after they shall have been elected, and until their
successors are qualified. The first election shall be man¬
aged by any two freeholders of said town, and all subse¬
quent elections by two of the councilors, who shall be ap¬
pointed by the board for that purpose; and the said coun-
cilors shall, within the first week after their election in each
year, meet and elect by a majority of votes from their own
body an intendant, whose duty it shall be to preside and
keep order at all meetings of said councilors, but in bis
absence any other member may be called to the chair; the
said intendant and council shall be, and they are hereby
constituted a body corporate by the name and style of the N »®«'
“Intendant and Council of the town of Rockford,” and by
that name they and their successors shall be capable in law
of suing and being sued, of pleading and be impleaded, in
all manner of suits, either in law or equity, also to have
and keep a common seal, and the same to break, alter or
amend at pleasure, and in general to do all acts which are
incident to bodies corporate, and to purchase, hold and dis¬
pose of, for the benefit of said town, real, personal or mixed
property, to an amount not exceeding ten thousand dollars.

Sec. 6 . Be it further enacted, That the intendant and coun¬
cilors before entering upon the duties of their offices shall oath,
take the following oath before the Judge of Probate of said
county, or any Justice of the Peace for the same: “I do
solemnly swear that I will, to the best of my knowledge
and ability, execute and discharge the duties of intendant
(or councillor) of the town of Rockford, without fear, favor
or affection—so help me God.”

Sec. 4. Be it further enacted , That any elector of said
town, who is of the age of twenty-one years or upwards, aigMuy.
shall be eligible either to the office of intendant or council-

i859-’60

or, and should ^$$$fe^dant remove from said town, or
be absent tberefrOffc^ tjbfee months at any time, without
the consent of the eouncitorsj his office shall be vacated,
and should any councilor ox councilors remove from said
town, or shall be absent therefrom for three months at any
one time, without the consent of the intendant and the
other councilors, his or their office shall be vacated; and
it shall be the duty of the remaining part of the board forth'
with to supply the vacancy or vacancies so occurring.

Sec. 5. Be it further enacted , That in the event of any
vacancy occurring in the office of intendant, either by death,
resignation or otherwise, the councillors shall ohoose one of
their own body intendant pro tempore } who shall continue
in office as intendant until the next succeeding annual elec-
vacancy. tion • and, further, if any vacancy should happen in the body
of councilors by death, resignation or otherwise, then, and
in that case, it shall be the duty of the intendant to appoint
managers to hold an election to fill such vacancy or vacan¬
cies, who shall, after giving five days previous public notice,
proceed to open the polls for such ejection, and after the
same it shall be. their duty to make known to the successful
candidate his election.

Sec. 6. Be it further enacted, That all white, free male cit¬
izens of the age of twentv-one years or upwards, who shall
have resided within the limits of said town three months,
voters. immediately preceding an election for intendant and coun¬

cilors, or either of them, and all householders or freehol¬
ders therein, who shall have resided within.the limits of
said town one month previous to said election, shall be qual¬
ified voters at said election for such intendant and council¬
ors, or either of them.

Sec. 7. Be it further enacted , That the intendant and
councilors, or a majority of them, shall have power to ad-
fng. ourned meet “joum their meetings from time to time: Provided, the inten¬
dant may at any time call a meeting of the councilors, by
written notice, designating the time and place of meeting,

. and on application of any two or more councilors, the
Call meeting, intendant shall call a meeting in like manner; they shall
Keep journal, keep a journal of all their proceedings and record all their
official acts and doings, and the yeas and nays on any ques¬
tion or subject shall be taken and recorded at the request
of any member of the board, and all deliberations of said
intendant and councilors shall be public.

'Sec. 8. Be it further eitocted, That the said intendant
and councilors shall have authority to enact such ordinan¬
ces and by-laws as they may deem necessary for the good

By*Uws.

401

order and government of said town of Rockford, to prevent
and remove nuisancees of every description aqd which may
extend to the preservation of. health; to establish night
watches* patrolaor town goarda^^^reot lamps} to regulate
the paving or ftaxginft gfctteriagi^ stde^-walks;

to protect by adequate penaktfe%*lfcftde and ornamental
trees in said tovpb; to license, tax and restrain at oleitmre
theatrical amusements* shows and menageries of ail kinds J^“ d j£ #traln
whatsoever within said corporation; to dear and keep* in
good repair the streets of said town; to restrain and pro*
hibit all nightly o t disorderly meetings of slaves, free ne¬
groes or mullattoes, and all other knavish or disorderly per¬
sons; to restrain and prevent all white persons and free
persons of color, and slaves, from trading with slaves with-^.7^*
out a written order or permit from his, her or their owner
or owners, agent or overseer; and, in general, to passsuoh
ordinances and by-laws, not contrary to the constitution of
the State and the laws thereof, as the said intendant and*
council shall, from time to time, deem expedient and neces¬
sary to carry into effect the meaning and object of thfe act,
ana the same to put in execution, and to make and alter the
same as shall be; deemed expedient; that said intendant Appoint offlctrt, ‘
and council shall appoint a clerk, a treasurer, a marshal
and such other subordinate officers as they may deem expe¬
dient and necessary, and require such security for the faith¬
ful discharge of their duties as may be deemed adequate.

The said intendant and council are hereby also empowered
to enact a law to impose appropriate fines, penalties and
forfeitures for the breach of their ordinances and by-laws, yinef#
not to exceed fifteen dollars for every offence, recoverable
with coats in the name of the intendant and council of Hhe
town of Rockford, for the use of the town, before the in*
tendent thereof, for which suit may be commenced by war¬
rant returnable forthwith or otherwise: Provided, That all ^ ^
ordinances and by laws shall be subject to repeal by theniy sTrepeild.
Legislature of this State, and that nothing herein contained
shall be construed so as to prevent appeals to the Circuit ±pi*ai*-
Court and in the same manner and under * the same rules
and regulations as appeals are taken from Justices of the

JPeace*

Sec. 9. Be it further enacted , 5 Thai said intendant and
council shall have power to levy and collect a tax upon real *©.,

estate, not exceeding fifteen cents on every hundred dollars^ UcctAta
worth* when the lota are improved with a house or bouse*
and enclosures, and not exceeding twenty cants on every
28

1859-m

402

hundred dollars worth, when the lots are not improved with
a house or houses and enclosures, and not exceeding twen¬
ty five cents an every hundred dollars worth of stock in
trade, and all personal property kept within the corporate
limits of the town of Rockford : Provided , That the tax on
real and personal estate be laid in proportion to the value
thereof, according to an assessment ana valuation given by
the owner or owners, his, her, or their agents, or by the
assessor appointed by the intendant* and council; and
should any person think his or her property assessed too
intemiant, he or she shall havc a right to complain to the inten-

tnny reduce hs- dant and council, who shall consider and reduce said asess-
ment, if, in their opinion, it hes been placed too high by
said assessor, and the decision shall be final.

Sec. 10. Be it further enacted , That the intendant and
council of said town of Rockford shall appoint an overseer
overseers of »ts. Qr overseers G f tbe streets and roads of said town, and shall

require and regulate the working on the same, not exceed¬
ing ten days in each year, and may exempt at discretion
from working on the same all persons they may think
proper, and all persons living within the corporation liable
by law to work on roads and highways, by paying an addi¬
tional poll tax not exceeding five dollars per head on each
one so liable, for the use of said town, shall be exempt from
working on the same: Provided , That all slaves in said cor- *
poration who are liable to work, shall not be tax:d as per¬
sonal property.

Sec. li. Be it further enacted , That at the first election for
intendant and council under this act, and at every election
ior said officers thereafter, the sense of the legal voters of
seiHie of voters said town shall be taken upon the question of retailing spir-
to be taken on jtuous liquors within the corporation, and to that end it
.ttaiMjg. ghjJi be the duty of the returning officer to propose to each
voter, as he presents himself, the question “Retailing, or
no Retailing ?” and the clerks of said poll shall register the
vote so given, and it shall be the duty of the Judges and
clerks to cast up such vote, and if it shall appear that a
majority of all the votes cast are against retailing, then no
license shall be granted by the Judge of Probate, or the
officers of said incorporation, to retail spirituous liquors
within said corporation; but if a majority of all the votes
cast are in favor of retailing, then said intendant and coun¬
cilors shall provide for licensing and regulating such retail¬
ers of liquors as they may believe the interest of said town
may require: Provided , such person or persons as they may
see fit o license shall have first obtained a license from the

i8r>9-m

Judge of Probate of said county, as now required by law,
S&C. 12, Be it further enacted. That all laws and parts of
laws inconsistent with the provisions of this act, are hereby
repealed : lhrovided, however, That this act shall not be so
construed as to repeal an act providing for the office of Jus*
lice of the Peace, within and for the town of Rockford
Aitkovki*, February 24, 1860.

No. 278.] AN ACT

Incorporating the Town of Newborn, in Greene County,

Sko. 1. tt* it enacted by the Senate and House of Represent*
attves of tut State of Alabama in General Assembly , convened,

That the town of Newborn, in Greene county be, and the
same is hereby incorporated, and the corporate limits of said
town shall embrace an area of land bounded as follows: n ***
The northern boundary of said incorporation to run due
east and west, at the distance of seven eights of a mile at
its nearest point from the marked centre on section line,
between sections twenty-four and twenty-five, township
nineteen, and range five east, the said centre being in the
main street, running through said town and nearly opposite
the public academy in the same ; the southern boundary
to run duo east and west, at the distance of one mile at its
nearest point from said marked section line centre; the
eastern and western boundaries to run due north and south
at the distance of three-eights of a mile each at their respec¬
tive nearest points from said centre.

Sec. 2. Ik it further mactetf That an election shall be
held in the town of New hern on the first Monday in Jan¬
uary next, and on the same day annually thereafter for the
purpose of electing an intendant and four couneilmen,
inhabitants of said town, who shall serve for the term
one year, and until their successors in office are elected and
qualified, which election shall be held by some justice of
tne peace of the county, and two freeholders of said town,
and all subsequent elections shall be conducted and held
by the intendant and two councilman, and in the absence
of the intendant by a majority of the couneilmen. All per¬
sons living in the corporate limits of said town are entitled
to vote in said election, who are qualified to vote for mem*
bers of the General Assembly of the State,

Sec. 3. Be it further enacted. That the intendant and

1859-’60

404

councilmen, together with the town marshal, treasurer and
clerk, each of which officers, the intendant and eouncilmetl
shall elect, shall severally before they enter on the discharge
of their duties take the following oath : “ I, A B, do
solemnly swear that I will perform all the duties required
of me as intendant, councilman, marshal, treasurer or clerk,
as the case may be, to the best oi my judgment and ability,
0ath * S) help me Go 1;” a certificate of which oath shall be filed

with the records of the Board. It shall be the duty of the
intendant to preside at all the meetings ol the councilmen and
preserve order and decorum, and in his absence or incapac¬
ity, any councilman may be called to the chair, and the
intendant and councilmen are hereby declared and con¬
stituted a body politic and corporate, by the name and
style of the Intendant and Council of Newbern, by
which name they and their successors in office shall be
capable in law of suing and being sued, of pleading and
being impleaded in all manner of suits, either in law or
Powers, equity, and they shall have full power to keep a common

seal and the same to alter and amend at pleasure, and in
general, to do and perform all acts which are incident to
bodies corporate, and they may purchase, hold and use and
dispose of for the benefit of said town, real, personal and
mixed property to the value often thousand dollars.

Sec. 4. Be it further enacted , That the intendant and
councilmen or majority of them are hereby invested with
Open stieets, &c. jyi p 0wer keep open and in good repair the streets of

said town, and to require all persons who are liable to work
on the public roads of the State to work on the streets of
said town, to prevent and remove nuisances, to establish
a night and day police and patrol, and a town j til or guard
house, to punish for neglect of police and patrol duty, to
preserve the peace and good order of said town, to prevent
any unlawful assemblages, and to keep slaves in due con-
trad and subordination, lo enact and publish any regula¬
tions, by-laws and ordinances necessary and proper lor the
good and orderly government of said town, not inconsistent
with the constitution and laws of this State, and to en¬
force the observance of said regulations, by laws and
ordinances by a fine of, not exceeding fifty dollars for each
violation thereof, and an imprisonment of not exceeding
five days in the town or county jail ; and the said intendant
and councilmen may also impose and collect a tax for
license to keep any billiard table or nine pin or ten pin
Taxon i»nuards, alley, and may also assess and collect a tax of not

more than five hundred dollars on the sale by retail of

405

1859 - 60 .

spirituous liquors within said corporate limits: Provided,

That no tax shall be assessed or levied on .any physician Provided,
or druggist to prevent bis selling wines or spirituous liquors
for medicinal and sacramental purposes.

Sec 5. Be it further enacted , That the intendant and
councilman shall have power to levy and collect a tax on
the inhabitants residing within said corporation, on all
articles and subjects of State taxation to raise money for
properly governing and managing the affairs of the cdrpo-^
ration, and enforcing its laws and ordinances, and the ax *
power granted by the provisions of this charter, and they
shall as soon as convenient, after their election, elect by
joint ballot a clerk, treasurer and marshal for said town,
and it shall be the duty of said clerk to issue all executions 0fficers *
for fines and taxes which may be necessary, signing the
same and delivering the same to the marshal, whose duty
it shall be to collect and pay over the same to the treasurer
which last named officer shall give bond and security to
the intendant and couhcilmen before he enters upon the
duties of bis office, and the intendant and eouncilmen shall
have power to remove from office the clerk, treasurer and Power to remove,
marshal, upon satisfactory reasons and elect others, and
may fix the salaries and fees to be received by these offi¬
cers, and if deemed advisable, they may require bonds of
the clerk and marshal for the faithful performance of their
duties: Provided,, 1 hat the tax on the sale of goods, wares,
drugs and merchandise sold shall not exceed one per cent,
per annum on amount of sales: Provided, further, That the
tax levied or collected on any other species of property, Provlded *
shall not exceed the one half of one per centum per annum.

Sec. 6. Be it further enacted, That the citizens of said
corporation shall be exempt from working on public roads.

Sec. 7. Be it further enacted , That the intendant and New 8treet3 -
eouncilmen shall have power to open new streets within
the corporate limits of said town, or change, alter or stop
such streets as may now or hereafter be opened within the ,
limits of said town : Provided, That when new streets shall Provided,
be opened on private property, the owners shall receive
just compensation for the property so occupied to be
assessed by a jury of five disinterested freeholders, selected
for that purpose by the marshal of said town, on the order
of the intendant

SBC. 8. Be it further enacted , That the intendant of said
town is a conservator of the peace within the corporate ^ tioU
limits thereof, and it is his right and duty to suppress all f °
affrajs, routs, riots, unlawful assemblies and insurrections,

1859 -’ 60 .

406

Try offences.

Arrests.

and all lewd, indecent, profane, boisterous, riotous, or dis¬
orderly conduct in any public place therein, to do which
he may summon to his aid as many of the male inhabitants
residing in the corporation as be thinks proper. He lias
also full power to punish for contempts in the same manner
and under the same rules and regulations prescribed by the
Code of Alabama, in reference to the punishment of con¬
tempt by a justice of the peace. He has full power to try
all offences against all the by-laws and ordinances of the
said corporation, without regard to the amount of the fine,
punishment or forfeiture, and to punish the offender, both
by fine and imprisonment in the manner prescribed by said
by-laws and ordinances, and the marshal of said incorpora¬
tion has full authority to execute all the lawful ordinances,
resolutions, by-laws and orders of said corporate authorities
within their jurisdiction, and must without warrant arrest
all offenders breaking the peace, or violating any ordinance
of the town in his presence, and bring them before the
intendant, and for any other breach of the peace or violation
of the ordinances, he .shall arrest the offenders upon due
legal process, and in order to the execution of his powers
and duties, he may summon to his aid as many of the male
inhabitants residing in the corporation as may be necessary.

Approved, December 14, 1859.

No. 279.] AN ACT

To authorize the Corporation of Selma to appoint Port
Wardens and Inspectors.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of theBtate of Alabama in General Assembly convened i
That the mayor and council of the city of Selma are here¬
by empowered to elect from time to time, three or more
port wardens and an inspector of weights and measures for
said city, to prescribe their duties and fix their fees or com¬
pensation, who after being duly sworn to faithfully and
impartially discharge their several duties may enter into
ofnc3.

Approved, February 21, 1860.

• 407

1859-m

No. 280.] AN ACT

To Incorporate New China Grove, in the county of Pike.

Sec. 1 . Be it enacted by ike Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,

That the town of New China Grove in the county of Pike,
be, and the same is hereby incorporated, and the corporate L5m,te *
limits of said town shall be as follows: To commence at
the PostofBce and extend one and three-fourths of a mile
north, south, east and west from said Postoffice as now
located.

Sec. 2. Be it further enacted , That an election shall be
held in the town of New China Grove, on the first Saturday
in March, 1860, or as early thereafter as practicable, to com-
mence at 11 o’clock, A. M., and close at 2 o’clock, P. M.,
for the purpose of electing an intendant and four council-
men of said town, who shall serve for the term of one year
and until their successors in office are duly elected and
qualified, which election shall be held by a Justice of the
Peace, assisted by two freeholders of said town, and all
subsequent elections shall be held in the town of New China
Grove, due notice having been given by the acting inteu-
dant during the month of March, and assisted by two
councilmen, and in the absence of the intendant, by a ma¬
jority of the council men; all persons within the corporate
limits being entitled to vote who are entitled to vote for
members of the General Assembly of this State*, and as
early as practicable after the election, the councilmen shall
meet and elect by ballot one of their number as intendant,
who shall in said town ex officio, be a Justice of the Peace,
within the limits of the same.

SEC. 3. Be it further enacted, That the intendant and coun¬
cilmen, together with the constable and clerk, which they
are empowered to appoint, shall severally before they enter
upon the discharge of their duties, subscribe and take the
following oath, to-wit: I, A B C, as the case maybe, inten-
djint, councilman, clerk and constable, do solemnly swear,
that I will to the best of my skill and ability, discharge all
duties incumbent on me, so help me God. A certification of
which oath shall be filed with the record of the board, and *
it shall be the duty of the intendant to preside at all the
meetings of the councilmen and preserve order and decorum,
and in his absence or incapacity, any councilman may be
called to the chair; and the said intendant and councilman
are hereby constituted a body politic and corporate, by

1859 - 60 .

408

Powers.

Fines.

Limits.

the name of New China Grove, by which name they and
their successors in office shall be capable in law of suing
and being sued, of pleading and being impleaded, in all
manner of suits either in law or equity, and in general to
do and perform all acts which are usually incident to bodies
corporate, to purchase and hold or dispose of for the benefit
of said town real, personal and mixed property to the value
of five thousand dollars.

Sec. 4. Be it further enacted , That the intendant and coun-
cilmen or a majority of them are hereby invested with full
power to keep open and in good repair the streets and cross
ways of said town, to preserve peace and good order, to
fine in case of assault and battery in any sum not exceeding
ten dollars, and the same collect, to prevent and to remove
nuisances, to suppress gaming of every description, to
establish patrol, a id to punish patrol for neglect of duty,
to restrain or tax shows or exhibitions, and the sale of
spirituous liquors in said town, and to impose a fine not
exceeding ten dollars for any violation of the by-laws for
the purpose of carrying into effect the powers herein grant
ted, and all other powers necessary for the good govern men-
of said town not ineonsistant with the laws of this State.

Sec. 5. Be it further enacted , That the intendant and coun-
cilmen shall have power to levy a tax on the inhabitants
and property of said town to raise money for the purpose
of properly governing and managing the affairs of said cor¬
poration, and they shall as soon as convenient after the
election, elect by joint ballot a clerk, treasurer and consta¬
ble for said town, and it shall be the duty of said clerk
to issue all executions for fines and taxes which may be
necessary, signing the same, and deliver the same to the
constable, whose duty it shall be to collect and pay over the
same to the treasurer, who shall give bond and sufficient
security to the intendant and eouncilmen before entering
upon his duties.

Sec. 6 . Beit further enacted , That the intendant and coun-
cilmen shall have power to remove from office the clerk,
treasurer and constable upon satisfactory reasons and appoint
others.

Approved, February 21, 1860.

409

1859-’60.

No. 281.] AN ACT

An act to Incorporate the town of Troy, approved 4th

February, 1843.

Sec. 1 . Be it enacted by the Senate and Home of Represent¬
atives oj the State of Alabama in General Assembly convened
That the act aforesaid, be so amended as to extend the LUnits *
corporate limits of said town from one-fourth of a mile as
limited by the act aforesaid, to three-fourths of a mile in
every direction from the Court House.

Sec. 2. And be it farther enacted , That so much of said ^un¬
original act of incorporation as requires the elections to be
held on the first Monday in February of each year, be so
amended as to legalize elections heretofore held, or which
may hereafter be holden on different days: Provided , ten Provided,
days notice be given of such election in a newspaper pub¬
lished in said town, or by written notice posted up at the
Postoffice in said town, the Court House door and any other
public place within the incorporation.

Sec. 3. And be it further enacted , That it shall be the
duty of the Judge of Probate for Pike county, as soon after
the approval of this act as shall be consistent with the pro¬
visions of the same, to order an election for the officers pro- jJSgl" of probate
vided for in the act to which this is an amendment. And
it shall further be the duty of the Probate Judge of said
county to appoint inspectors and managers of such elections
and at every subsequent election necessary, he shall perform
the duties required of him by this act.

Sec. 4. And be it farther enacted , That the provisions
enumerated in sections 1239 to 1254 of the Code of Alabama
inclusive, are hereby made applicable to said incorporation Code '
as though the same were herein particularly set forth.

Sec. 5. And be it further enacted , That in addition to the
officers provided for in the act, to which this is an amend¬
ment, there may be a treasurer, who shall be appointed by Treasurer *
the intendant and a majority of the councilmen of said
town, who, before entering upon the discharge of his duties
shall give such bond as may be required of him by the
board of intendant’ and councilmen of said corporation.

Approved, December 16, 1859.

1859 - 60 .

410

Jail tax.

Power to commit.

Police.

Arrestg.

No. 282 ] AN ACT

To amend the Charter of the town of Greensboro,in Greene

County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That section 3rd of an act, approved February, 1850, enti¬
tled “ an act to amend the charter of the town of Greens¬
boro,” be, and the same is hereby so amended as to per¬
mit the corporate authorities of said town to fix a certain
jail tax, not to exceed three dollars for each slave imprisoned
in the guard house or jail of said town, under the provisions
of the act aforesaid, the said tax to be paid to the inten-
dant for use of the said town, by the owner, overseer,
or person having control of such slave, before the slave
shall be discharged from custody.

Sec. 2. Be it further enacted , That from and after the
passage of this act the intendant of the town of Greensboro
shall have full power and authority to commit to close con¬
finement in the guard house or jail of said town, lor any
time not exceeding five days, all such person or persons,
who shall be found guilty of a violation of any of the ordi¬
nances or by-laws of the said town, and in addition to such
imprisonment, may impose and collect by execution, levy
and sale of property, any fine not exceeding twenty dollars
against such person or persons so offending, and may impose
such fine and imprisonment, one or both at his discretion.

Sec. 3. Be it further enacted , That the intendant and
council of the said town, be, and they are hereby authorized
and empowered to constitute and employ a town constable
or marshal, and such assistants as may be deemed necessary
as a corps of police, whose duty it shall be to preserve the
peace, good order and government of the said town; to
report to, and bring before the intendant all violations of
the ordinances and by-laws of the same, and in general to
to execute the mandates of the board of council in its official
capacity.

Sec. 4. Be it further enacted , That it shall be tbe duty of
the town constable or marshal and his assistants, and they
are hereby authorized and ernpowed to arrest, without a
warrant or other process, any person or persons who may
be engaged in the violation of any of the ordinances or by¬
laws of said town, and to carry said offender or offenders if
arrested in the day time, immediately before the intendant
for trial; and if the offence be committed, and such arrest be

411

1859-’60.

made in the night time, then it shall be the duty of the said
town marshal and his assistants, and they are hereby author¬
ized and empowered to commit such offender or offenders
to the guard house for aud during the night, and report the
same to the intendant as early as practicable.

Sec. 5. Be it further enacted , That in case of the absence
or incapacity of the intendant, any member of the board of
council may act in his stead, with all the powers vested io case of absence,
him by the preceeding sections of this act, or which may
of right belong to the office of the said intendant.

Sec. 6 . Be it further enacted , That from and after the pas¬
sage of this act, the intendant of the town of Greensboro, Action,
shall be elected by the qualified voters of said town for
councilmen, and said election shall take place at the same
time and place with that of councilmen.

Sec. 7. Be it further enacted , That the intendant shall be,
and is hereby vested ex officio with and may exercise all the
powers and authority that belongs to Justices of the Peace
by the laws of this State, and the said intendant shall Powerg of Inten
liable to all the same penalties and restrictions as areoant.
imposed by the laws of this State upon Justices of the
Peace.

Sec. 8. Be it further enacted , That all laws and parts of
laws which may contravene the provisions of this act, be,
and the same are hereby repealed.

Approved, December 14, 1859.

No. 283.] AN ACT

To amend an amendatory act approved February 9th, 1856,
of an act to Incorporate the town of Athens, approved
January 15th, 1828.

Sec. 1. Be it enacted by the Senate and House of Represent •
atives of the State of Alabama in General Assembly convened ,
That the act approved February 6th, 1856, amending an
act approved January 15th, 1828, for the incorporation of
the town of Athens, in Limestone county, making certain
sections of the Code of Alabama applicable to said town,
be, and the same is hereby amended, making sections
1255 and 1256, and the provisions of an act, amending sec¬
tion 1255 of the Code of Alabama, approved February

4X2

Qualification

voters.

20fch, 1854, also applicable to said town of Athens, so as to
make the same hereafter a part and parcel of the act of
incorporation of said town.

Approved, February 21, 1880.

No. 284.] AN ACT

To amend an act to Incorporate the town of Huntsville,
approved January 16th, 1844.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convenedj
That the corporation now known and designated as the
“ Town of Huntsville,” shall hereafter be known and desig¬
nated as the u City of Huntsville.”

Sec. 2. That in case of the sickness or temporary absence
of the Mayor of said city the Aldermen may appoint one
of their number to act as Mayor during such sickness or
absence, who shall exercise all the powers and duties vested
in the Mayor. But the Mayor shall not vacate his office by
reason of any temporary absence from the city or the State.

Sec. 3. be it further enacted , That all acts and parts of
acts in conflict with the provisions of this act be, and the
same are hereby repealed, and this act shall be in force
from and after its passage.

Approved, February 24, 1860.

No. 285.] AN ACT

To amend an act to Incorporate the town of Union Springs.

Sec. 1. Be, it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That in all elections hereafter to be held in the said town of
of Union Springs for councilmen, all free white male persons
shall be entitled to vote who are twenty one years of age,
who have been for three months next preceeding such elec¬
tion residents of said town of Union Springs and who shall
have paid all sums of money due to said town by fine or
taxation and none other.

Sec. 2. Be it further enacted , That the words “one-tenth,”
where they occur in the ninth section of the act approved

413

185^60.

the 6th clay of February, 1858, incorporating the said town
of Union Springs, be stricken out and the word “one” inser- f^ k r ® ottt * Dd
ted in lieu thereof; u and may impose a tax on lawyers,
physicians and dentists” not exceeding the State tax, and
that the proviso at the end of said section be stricken out

Sec. 8. Be it further enacted, That the foregoing amend¬
ments shall form and constitute part and parcel ot the act
incorporating said town; and the said act so altered and
amended shall be and remain in full force.

Approved, February 23, 1860.

No. 286.] AN ACT

To amend the charter of the town of Talladega.

Sec. 1. Be it enacted by the Senate and House of Represent -
a fives of the State of Alabama in General Assembly , convened ,

That the marshal of the town of Talladega is hereby Dutic| of Mar<
authorized to perform all the duties of constable within tbeshai.
corporate limits of said town, he giving a separate bond and
security to be made payable and approved and filed as other
bonds by constables, and conditioned to perform all the
duties of constable within the corporate limits of said town,
so long as he continues to exercise the duties of marshal
in said town.

Sec. 2. Be it further enacted, That whenever any person
or persons shall be arrested and brought before the mayor
ana aldermen of said town for a violation of any of its by¬
laws or ordinances, and it shall appear on an examination
of the evidence that said person or persons have been guilty Duties of Mayor,
of violating any law of this State, within said corporate
limits, it shall be lawful for said mayor and alderman, in
addition to punishing for a violation of the by-laws or ordi¬
nance of the town, to require said person or persons to
enter into bond and security to answer said offence at the
next Circuit Court, as required by law, and, in default
thereof, shall commit such person or persons to the common
jail of said county, until discharged by law, and they shall
also have power to require the witnesses to enter into bond,
to appear and testify before the next Circuit Court as now
provided by law in similar cases.

Approved, January 30, 1860.

1859 - 60 .

414

Capital stock.

No. 287.] AN ACT

To amend the charter of the town of Gainesville.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That trie intendant and council of the town of Gainesville
be authorized and empowered to withhold and refuse license
for the retail of spirituous liquors in said town, and to pro¬
hibit the sale of spirituous Lquors in said town in less quan¬
tities than one quart, or in any quantities to be drank
upon the premises where purchased.

Approved, January 16, 1860.

No. 288.] AN ACT

To amend an act approved 4th of February, 1843, amenda¬
tory of an act, approved 16th December, 1859, to Incor¬
porate the town of Troy.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the act approved 16th December, 1859, amendatory
of an act, approved 4th February, 1843, to incorporate the
town of Troy, be so amended as to restrict the intendant of
said town to the criminal jurisdiction of a Justice of the
Peace.

Approved, February 24,1860.

No. 289.] AN ACT

To amend the charter of the Selma Gas Light Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the act, entitled “An Act to incorporate the Gas
Light Company of Selma,” approved February 18th, 1854,
be, and the same is hereby amended so as permit the Selma
Gas Light Company y organized by virtue of said act and
now in operation in the city of Seima, to use and enjoy all
the privileges, franchises and immunities granted by that
act: Provided , That there is subscribed and paid in by the

415

1859-m

first day of October, 1860, as much as twenty thousand dol¬
lars of capital stock, including the amount already paid into -
the capital stock of said company.

Sec. 2. Be it further enacted , That at the next annual Pregidcnt and
meeting of the stockholders, and at all annual meetings ^ le d c l t r e ^ tor910
thereafter, the stockholders shall elect a President of said
company and four Directors, who shall serve for one year
or until their successors are elected and qualified; and the
President shall be ex officio a Director, and entitled to pre- Ma
side and vote at the meetings of the Directors; and thecieZ vacan
Directors of the company shall be empowered to fill all
vacancies in their own body, or in any offices of the com¬
pany, by elections, and persons so elected to fill vacancies
shall serve till the next meeting of the stockholders.

Sec. 8. Be it further enacted , That so much of said act of
incorporation as is in conflict with the provisions of this
act be, and the same is hereby repealed.

Approved, February 24, 1860.

No. 290.] AN ACT

To repeal an act Incorporating the town of Dadeville.

Sec. 1. Be enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That an act, entitled “ An Act to incorporate the town of
Dadeville, in Tallapoosa county,” approved December the
twenty first, eighteen hundred and forty-one, be, and the
same is hereby repealed.

Approved, December 14, 1859.

No. 291.] AN ACT

To amend the charter of the town of Marion.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly convened ,

That the intendant and council of the town of Marion be, New streets, Ae,
and they are hereby authorized to make new streets and
side-walks, and to alter, improve, repair and widen any
street and side-walk already made in said town, but in all
cases due compensation shall be made to to the owners ot compensation.

1859-60.

418

Jury to assess
damages.

Notice.

Verdict to be
filed.

Penalty.

Taxes and li¬
censes.

Duties of marshal
and constable.

any land or other property which may be taken or injured in
making such new streets or improvements, and in order to
ascertain the damages in such cases, the Judge of the Pro¬
bate Court in Perry county shall, upon the written applica¬
tion of the intendant, appoint a jury of five disinterested
freeholders in said town who, or a majority of whom, after
being duly sworn, shall, within five days after notice of
their appointment, assess^the damages to the owner or own¬
ers of said lands or other property, which they may sustain
by reason of the making of any such streets, side-walks or
improvements. The owner or owners of said land shall
have three days notice of the time and place of assessing
the damages aforesaid, to be given by written notices signed
by the intendant, to be placed at the court-house door and
upon the lands sought to be condemned. When the dam¬
ages are assessed the award or verdict of the jury shall be
filed in the office of the intendant within three days there¬
after; should the Judge of Probate fail to appoint said jury,
within two days after application is made to him, he may
be fined not les 3 than ten nor more than one hundred dol¬
lars, and should any juror fail to attend and perform any
of the duties required of him as aforesaid, he may be fined
in any sum not less than ten nor more than thirty dollars,
which said fines are to be assessed by and before the said
intendant.

Sec., 2. When the owner or owners of any such land or
other property which may be condemned, and for which
damages may be assessed by the jury as aforesaid, are
unknown or absent, the amount of damages shall be paid
to the Judge of Probate for the benefit of such owner.

Sec. 3. The said intendant and council are authorized to
tax, license and regulate omnibusses, hackney coaches, pub¬
lic carriages, wagons, carts and drays, hotels, taverns, res¬
taurants, confectioneries, ice cream and lemonade dealers,
and the selling and offering of negroes; also to establish and
regulate market and market houses, and rent out the stalls
in the same, and to erect, establish and regulate jails,
houses of correction and other buildings for the use of said
town; also, to tax and license daguerreian artists and pho¬
tographists, hawkers and peddlers, and to tax professional
incomes.

Sec. 4. The constable and marshal of Marion, and police
officers of said corporation, are authorized to execute all or*
ders, judgments, summonses, executions and other process
whatever of said intendant and council, or of any member
thereof, whether the same be mesne or final process, and also

417

1859-60.

to take and deliver to the jailor of said county, or to the

jailor of said corporation any and all persons convicted of

offences, against the laws and ordinances of said town, and

such jailor is required to keep such offender in custody in Duty of jailor<

the jail of said county, or in such other place as may be

provided by the intendant and council until such fine and

all costs are paid, or until he is otherwise legally discharged.

Sec. 5. The constable, town marshal, and every police
officer of said town, may without a warrant arrest a person
for an offense against the laws of said town committed, ora
breach of the peace threatened in his presence.

Sec. 6. All fines and forfeitures adjudged against any
white person, or free person of color, by virtue of any or¬
dinance of said town, may be enforced and collected by
execution against the property of such person, issued by the p{n(?s
intendant, or any member of the council, to be directed to, feiuires.
and executed by any constable, marshal, or police officer of
said town, which said execution shall in all other respects
conform to, and be governed by the laws regulating execu¬
tions issued by Justices of the Peace of this State.

Sec. 7. The intendant and town council are authorized to
establish and keep open all ditches, drains and sewers which
may be necessary for the convenience and health of the
citizens, paying the owners of land such damages as they be kept’open. to
may sustain thereby, to be assessed and ascertained in the
manner provided in the case of streets made and opened
over private property.

Sec. 8. The intendant and council have full power and
authority to prohibit and prevent the erection and construe- , ,

tion of all kinds of wooden and other buildings, except not to be erected
those constructed of brick or stone and covered with slate, on publica uuare.
tile or metal, within one hundred and twenty-five yards of
the public square.

Sec. 9. The said intendant and council are authorized to
remove at the expense of the town all wooden buildings be re '

erected within one hundred and twenty-five yards of the
public square: Provided , That in their opinion the protec¬
tion of the town and its safety and security from fire will
be increased thereby; And , provided also , That the owners Damagea t0 be
shall be first paid such damages as they may sustain there* paid,
by, to be assessed by a jury of freeholders, as provided in
cases of new streets, &c., be made and opened over private
property.

Sec. 10. The intendant and council are authorized topire companies
establish and regulate fire wards and fire companies; to*^ w ® r be<1 wardt
27

18£9-’60.

418

enact by-laws for the protection and extinguishment of
fires, and, if necessary, to remove or pull down buildings
or fences to prevent the spreading of fires; to construct
cisteme, Ac., t® cisterns in said town, and to sink wells and erect and repair
be aunt’ ’ pumps on the streets.

Sec. 11. The intendant and council are authorized to
enact laws for the punishment of any person who may
injure or deface the court house, market house, any church
or other public or private building or property in said
town.

Sec. 12. Be it farther enacted , That the intendant and
Ran road stock counc ^ °f the town of Marion be, and are hereby author-
may be taken. ized and empowered to subscribe for and take stock in the
Cahaba, Marion and Greensboro’ Railroad Company to an
amount not exceeding thirty thousand dollars, and to ena¬
ble them to pay for said stock they are authorized and em-
Bonds issued. powered to issue bonds to become due at such time, not
exceeding two 3 'ears, from their date, and to sell th£ same
at such time and at such rates of discount as they may deem
proper.

Taxes imposed. Sec. 13. Be it further enacted , That said intendant and
council are hereby authorized and empowered to impose
taxes on the persons and property, real and personal, taxa¬
ble by them for the purpose, if necessary, of raising funds

sufficient to carry out the provisions of- section of

this act, and to discharge any liabilities under the same.

Sec. 14. Be it further enacted , That before theeaid inten-
daut and council shaO be authorized to subscribe for stock
in said Cahaba, Marion and Greensboro’ Railroad, they shall
advertise, in a public way in said town, at least twenty days
Elections held, before hand, that an - election was to be held and the ques¬
tion fairly submitted to the voters of said town, whether or
not they are in favor of said council taking stock in said
railroad, and if two-thirds of those who vote shall decice
that they are in favor of said stock being taken by said
intendant and council, then they shall have power to do so,
and upon subscribing for said stock, and issuing the bond
of said town oi Marion for the same said bonds shall to all
How conducted, intents and purposes be binding in law upon the town and
its inhabitants as an incorporation. The elections contem¬
plated in this section are to be conducted in the same man¬
ner that the election of officers of said corporation are now
conducted, and may be held at any time after said notice is
given.

Approved, February 24, 1860.

419

No. 292.] AN ACT

To revive and amend the act Incorporating the Selma Fire

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That the act, entitled “ An Act to Incorporate the Selma
* Fire Company, No. 1, of the town of Selma,” approved
February 13th, 1850, be, and the same is hereby revived,
with the amendments hereinafter enacted.

Sec. 2. Be it further enacted , That the first section of
said act be, and the same is amended by striking out the
names of William A. Taylor, E. M. Goutt and John M.

Strong, and inserting in lieu of said names as corporators
under said act, the following names, to-wit: George W.

Ickes, S. S. Mercer, J. F. Dane wood, J. J. Ryan, Merrit
Barns, John Riggs, William S. Phillips, John W. Lopsly,

A. F. Wise, Jacob Krout, N. Smith and William M. Cur¬
tis, and by striking out the words “the Selma Fire Com-Name changed,
pany No. 1,” and inserting in lieu thereof as the corporate
name and title of the corporation-, “The Phoenix Fire Com¬
pany of Selma.”

Sec. 3. Be it further enacted, That the second section ofNo. of members,
said act be amended by striking out and inserting so as to
make the same read as follows, to-wit: “That said Phoenix
Fire Company shall consist o t not less than thirty nor more
than sixty members, except as provided in the third section
of said act.

Sec. 4 . Be it further enacted , That said act be further
amended by striking out the words “ and thirty” where
they occur after the words 14 one hundred,” in the third
section of said act.

Sec. 5 . Be it further enacted. That said act be further
amended by adding thereto the following as an additional Powers of com-
section, to-wit: The said Phoenix Fire Company shall bave l>Wiy
power to create such offices and elect such officers to con¬
duct and manage the affairs of the company as they may
deem proper, and to prescribe the mode of electing or ap¬
pointing officers, and to fix the time of elections, and to
prescribe the tenure of all offices, and to prescribe the duties
of all officers and agents of the company, and to enact laws
to enforce the duties of all officers and members of the
company, and to affix such penalties for the violation of the
laws or ordinances of the company, by members of the
company, and for delinquences as the company may by law

1859- 60.

Registration of
members.

420

or ordinance enact, and to enforce the sam s: Provided\ That
such laws or ordinances be not contrary to the constitution
or laws of this State, or the United States. It shall be the
duty of the company to meet at stated periods, 10 be fixed
by the by-laws of the company, and to keep a correct reg¬
istration of all members of the company on a book to be
provided for that purpose. The company shall have power
to adopt a constitution prescribing the manner of admitting
new members, and of excluding or dismissing from the *
company any member fer insubordination, or lor neglect of
duty, and for violation of the laws or ordinances of the
company, for conduct calculated to disturb the good order'
and harmony of the company or calculated to bring re¬
proach upon the company. A majority of the members of
the company, for the time being, shall constitute a quorum
of the company to do business.

Approved, February 9, 1860.

No. 293.] AN ACT

To amend the charter of the town of Cahaba.

Sec. 1 . Be it enacted by the Senate and House of Represent*
atives of die State of Alabama in General Assembly convened\
That the intendantand town council of said town of Cahaba
be, and they are hereby authorized to sell at public auction
to the highest bidder the unsold portion of the lands be¬
longing to said town and known as the town commons.

Sec. 2 . Be it further enacted , That said intendantand
town council of Cahaba be, and they are hereby authorized
to subscribe $25,000 in the capital stock in the Marion and
Cahaba Railroad Company: Provided, however, That nei¬
ther said lands shall be sold, nor the proceeds invested in
said stock, until a majority of the legal voters of said town
shall assent to the same.

Approved, December 12, 1859.

421

No. 294.] AN ACT

To amend the charter of the town of C ah aba.

Sec. 1. Be it enacted by the Senate and House of Represent•
atiucs of the State of A Mama in General, Assembly, convened,
That the act, entitled a An Act to amend the charter of the
town of Cahaba,” approved 12th December, 1859, be so
amended as to authorize the town council of said town of
Cahaba to assess arid collect a tax on all the real estate and
persona] property in said town, for the purpose of paying
the subscription of said town to the Cahaba and Marion
Railroad: Provided, however, That a majority of the legal
voters of said town shall assent to the same.

Approved, February 10, 18b0.

No. 295.] AN ACT

To amend the Charter of the City of Selma.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,

That the Act entitled An Act to incorporate the city of
Selma, approved February 9th, 1852, be and the same is
by this act altered and amended as hereinafter specified and
enacted.

Sec. 2. And be it further enacted, That the number of
councilmen of said city of Selma, shall be, and the same is
hereby increased from five to seven to take effect at and
after the next election of councilmen; that at the next and Numberofcoon .
all vsubsequent elections of councilmen for said city, seven cl,men,ncreas * d *
councilmen shall be elected in the manner provided for the
election of council mem under the provisions of the act
aforesaid, hereby amended, and the act entitled “ An Act
to amend the charter of the city of Selma,” approved Feb¬
ruary 8th, 1858: Provided, audit is hereby enacted that
the mayor and councilmen of said city shall hereafter bep rovided>
elected for two years, and shall hold their offices for two
years, or until the election and qualification of their suc¬
cessors, and elections for mayor and councilmen shallafter
the ne\*t election of said officers be made biennially, instead
of annually, as heretofore, the time and place of said elec¬
tions to be appointed, and the elections to be managed and

1859-60.

Quorum.

Laws must be ap¬
proved by may’r.

Two-tliirds vote
necessary.

422

conducted as authorized by and under the provisions* of
the acts aforesaid.

Sec. 3. And be it further enacted , That after the next
election of mayor and councilman of said city, it shall re¬
quire at least four counciltnen in conjunction with the
mayor or pro tempore , in case of the appointment of a pro
tempore mayor, to form a quorum for business, and a meet¬
ing composed of five councilmen shall have power to ap¬
point any one of the councilmen to act as mayor pro tern -
jwre, in the absence or during the sickness of the mayor;
and the mayor pro tempore for the time of his appointment
shall have power to discharge all the duties and functions
of the mayor.

Sec. 4. And he it further enacted , That it shall require a
majority of all the councilmen present at an;y meeting of
the council, to pass any law, ordinance or resolution, every
law or ordinance which shall be passed by the council
shall be presented by the clerk of the city to the mayor for
his approval and signature, and it he approves and signs
such law or ordinance, the same shall thereby become ope¬
rative, but not otherwise, except as hereinafter provided,
that is to say: If the mayor shall disapprove any law or
ordinance, he shall return the same with his objections to
the next regular meeting of the council, and in such case
the mayor shall fail to return such law or ordinance as
required, the council shall at the next regular meeting of
the council after the passage of any law or ordinance, dis¬
approved or not returned as aforesaid, or at the next suc¬
ceeding regular meeting of the council, as the council may
determine, proceed to vote upon such ordinance or law
disapproved by the mayor, or not returned as provided,
as the case may be; and if it shall appear that two thirds
of the councilmen present at the meeting and forming a
quorum, approve of such law or ordinance by voting for
the same, such law or ordinance shall thereby become ope¬
rative; and in every case where a two-thirds vote is required
to give validity to any law or ordinance without the
approval of the mayor, the vote shall be taken by ayes and
noes, and duly registered on the minutes of the council ;
and no law or ordinance of the council shall be operative
without being approved and signed by the mayor, or with¬
out the approval of a vote of two-thirds of the council, to
which the same may be submitted as provided, after the
return of the same with the objections of the mayor, or
failure to return as provided.

Sec. 5. And be it further enacted . That the said city eoun-

423

1859-’60.

cil shall have power to lay off said city into such number
of wards as they may deem proper, and to fix the bounda- Boundaries,
ries or limits of the same, and to alter such limits, and to
increase or diminish the number of wards at their dis¬
cretion.

Sec. 6 . And be it further enacted , That ,the thirteenth
section of said act hereby altered and amended be, and the
same is hereby repealed, except as hereinafter provided.

The said city council shall cause an annual valuation to be Valuatlon
made of all lands within the corporate limits of said city
subject to taxation, which shall be done by such discreet
and competent person or persons who shall be a freeholder
or freeholders in said city, as the city council may appoint
for that purpose, and it shall be the duty of the person or
persons so appointed to proceed to discharge the duty com¬
mitted to him or them, as soon as practicable, and for that
purpose shall make out a careful schedule of all lots or
parcels of land in said city subject to taxation, and desig¬
nate and describe the same by numbers or otherwise, so
that the same may be ascertained by the numbers or de¬
scription, and having done this shall place a valuation of
each lot or parcel of land, stating the owner in every case
when known, and when unknown, so stating. On the
completion of said schedule and valuation, the same shall
be returned to the office of the clerk of the city, and shall be 0pen for lnfpeo .
in the custody of said clerk, and shall be open to the tion *
inspection of all persons who may be interested in the
valuation. On the completion and return of said schedule
and valuation, it shall be the duty of the mayor to cause
notice to be given by advertisement in some newspaper
published in said city, for at least ten days, of the comple- Notice,
tions, and filing in the office of the clerk of said city, of said
schedule and valuation of the real estate within the city, „
and that the same is open to inspection, and that all per¬
sons who may be dissatisfied with the valuation made may
come in within a time to be designated by the city council
and to be stated in said advertisement, (which time shall

not be less than ten days,) and file objections to the valua¬
tion, which objections shall be in writing, and filed with 0bJ ’ ection!U
the city clerk, in every case, when no objections shall be
filed within the time prescribed to the valuation, the owner
or owners of the land as valued shall not have the right

thereafter to object to such valuation. But the city coun¬
cil shall have power at any time before final action bv
the council, in relation to the valuation, to make such
corrections in the valuation, either by increasing or dimin-

1859-60

424

Alteration in val
uation.

Dates of assess
merit.

ishing the valuation as the facts and justice of the case may
seem to them to require. After the expiration of the time
prescribed, within which objections to the valuation of
lands may be made, which objections in all cases must be
in writing and filed as aforesaid, the city council shall pro¬
ceed with all convenient dispatch, to hear and determine
the objection‘or objections, on such testimony or facts as
may be within their knowledge, or may be produced before
them, and if it appear to them that the valuation is incor¬
rect, they shall make such alterations in the valuation,
either by reducing it when too high or raising it when too
low, as the facts of the case may in their judgment render
proper, otherwise the valuation ns made shall stand ; in the
valuation of all lands within said city subject to taxation,
such scale and system shall be adopted as shall be calcu¬
lated to render the valuation as between the owners of the
lands to be valued, as nearly equal and equitable as practi¬
cable ; the mayor shall cause notice to be given to persons
contesting the valuation of lands, and who may have filed
objections as above provided, by publication in a newspa¬
per within the city or by personal notice, as he may deem
proper, stating the time within which objections to the
valuation will be heard and determined, and after such
notice the council shall proceed to determine and decide
upon the objections which may have been filed within the
time specified in the notice, which may have been given
for the hearing and determining of the objections, unless
the hearing and decision be postponed for reasons which
may appear sufficient to the city council. It shall be the
duty of the clerk of the city to keep a record of all the
proceedings of the city council, and enter the same upon
the minutes to be kept by him for that purpose, of the pro¬
ceedings of the council in relation to the determining of
objections which may be made, to the valuation of lands
as provided, as well as of all other business of the city
council. The city council shall have power to fix the
dates and periods for the assessment of all the property within
the city liable to taxation, so as to render the person or
persons who may have the ownership or possession of the
property so liable to taxation, on a day or within a period
to be fixed by them, liable for the taxes thereon for the
year, or for a less period, as the city council may prescribe,
but the city shall have and hold a lean on all property
subject to taxation for the taxes which may be due and
unpaid thereon, whether or not the ownership or possession
thereof, shall have been changed. After the valuation of

42o

im-*6 o.

lands in said city subject to taxation shall have been com¬
pleted, and the valuation approved by the city council,
the valuation as made and the approval thereof by the
council shall be certified by the mayor and clerk of the
city, under the seal of the city, which certificate and seal , r . .

shall be attached to the schedule of valuation, and makeprcsemd.
reference to it, and the whole shall be carefully preser ved
among the archieves of the city by the city clerk. The
said city council shall appoint some trusty and competent
person or persons to ascertain all personal property within
said city subject to taxation, and all persons within the city AppointmenU
subject to poll tax or other taxes, and the sales of mer¬
chandise, and all other subjects of taxation within the city,
and for the purpose of discovery of property subject to
taxation, the amount of sales of merchandise, and of all
all other subjects of taxation, the person or persons
appointed lor this service by the city council shall have
the power and it shall be his or their duty to require
schedules or statements under oath or affirmation of all 1 * 11163 -
persons who may be supposed to be poss ssed of any per¬
sonal property or other subjects of taxation, (other than
real estate,) and who may be or may have been engaged
in vending merchandise of any kind witnin the city, and
who may be deemed subject to taxation or liable for taxes
in any way (except on real estate,) and in case any person
or persons shall refuse to render the required schedule or Case of refusal
statement under oath, or if a statement or schedule shall be to make returns,
rendered in any case which the person or persons author¬
ized and appointed to take the same shall have reasons to
believe is incorrect, the person or persons who . may be
appointed to this duty shall adopt the best means and resort
to the best evidence which may be available to ascertain
the true facts of the case, and make and return a statement
thereof, accordingly. Tire person or persons who may be
appointed to take the schedules and statements aforesaid,
and to ascertain and report upon the personal property
and persons subject to tixation, and other subjects of taxa¬
tion shall be competent to administer all oaths or affirma- raise oath,
tions required; and any person who shall willfully make a
false oath or affirmation in any schedule or statement he or
she may render or make as required, shall be guilty of
paying and be subject to the pains and penalties for that
offence. On the completion of the schedules and statements
of the personal property, and persons and sales of merchan¬
dise and of other subjects of taxation aforesaid, other than
lands, the person or persons appointed for that duty and

1859-’60.

426

service shall make a clear and complete statement thereof
in due time to the city council, and the same shall be
examined by the city council, and approved by the council
council to exam- ^ correct, or if found incorrect in any particular, the
me statement, council shall cause the proper correction to be made. After
the schedules and statements shall have been examined by
the council and corrected, when corrections may appear to
be required, the schedules and statements as approved and
corrected, shall be certified by the mayor and clerk of the
city under the seal of the city, as correct schedules and
statements according to their import, and the same shall be
statement to be carefully filed by the clerk of the city, and preserved among
S r TX'?r j ' its arc ^^ evcs * It shall be the duty of the clerk of the city
or such other officer or person or persons as the city council
may appoint for that purpose, to make out a correct state¬
ment from the valuation of lands within the city subject to
taxation, and from the schedules and statements of
personal property, and persons and sales of merchan¬
dise, and other subjects of taxation when returned and ap¬
proved as provided, and of the amount of taxes due thereon
according to the rates of taxation which may have been
levied or assessed by the city council, with the names of
the persons and parties liable to taxation when known and
a statement of the amount of taxes due or to be due on
such lot or parcel of real estate as valued, and on other
property and against all persons and parties within the
city, and on the completion of said statements to lay the
same before the city council, whereupon the said council
shall examine the same and make such corrections therein
as may be required. This being done, it shall be the duty
of the mayor and the clerk of the city to certify the same
under the seal of the city as a correct statement and account
of the taxes due said city, according to the valuations and
assessments approved by the council of said city, which
statements and accounts so made and certified shall be filed
by the clerk of said city and preserved among thearchieves
of the city, and shall have the force and effect of a judgment
against the persons and property named and specified
therein for the amount of the taxes shown to be due in
U'cted h ° w co1 " ea °k case respectively, according to the specifications in
said account and statement. Said taxes when so assessed,
stated and certified shall be collected by such trusty and
competent person or persons, or officer, as the council of
said city may appoint for that purpose, said collections to
be made within such reasonable time as said city council
may by ordinance or resolution designate and require. It

427

1859-60.

shall be the duty of the clerk of said city in all cases when
the taxes due shall not be paid according to the require- not paid,
ment of said city council to make out a statement of the
taxes appearing to be due according to the certified account
and statement aforesaid, in all such cases of non-payment of
taxes, which statement shall be certified by the clerk and
ma yor of said city, as a correct statement of the amount of
taxes due in such case or ca^es, and thereupon said state¬
ment shall have the force and effect of an execution, to be
returnable within such time and manner as the council of
said city may by ordinance or resolution appoint, and when
not satisfied, alias statements may be issued when deemed
proper by the mayor of the city. All such statements may
be levied, and sales and collections made there under on
personal property as levies and sales of such property are
authorized under executions from justices of the peace,
with the same advertisement where personal property
sufficient to satisfy the demand can be found, otherwise
the person or officer who may be charged with the duty of
making the collection, shall return the statement with a
certificate to the effect that personal property sufficient to
satisfy the taxes due in the case and liable for the same
cannot be found. It shall thereupon be the duty of the
clerk of the city to make out another statement of the same
kind, and to state therein, that return having been made
that personal property sufficient to satisfy the taxes due in
this ca^'e and liable for the same cannot be found, this will when property
be levied on real estate, which order shall be signed foy cannotbe found -
the clerk of the city and mayor, under the seal of the city,
and shall have the force and effect of an execution duly
issued on a judgment of the circuit court of the county of
Dallas, in this State, and may be levied on any lands or
other property liable to levy and sale under a valid execu¬
tion from the circuit court of said county of Dallas, and
such property or a sufficiency of it to satisfy the amount of
taxes due in the case, with the costs and interests, where
interest is due, shall be sold by the person or officer
charged with the duty of making the collection in the same
manner that similar property would be required to be sold
by the sheriff under an execution from the circuit court of said
county of Dallas: Provided , That the sale may be made in
the city of Selma, and that the person or officer authorized
to make the collection and sale shall give notice thereof by Pr0Vlded *
advertisement to be published in some newspaper published
in said city, at least four consecutive weeks prior to the
sale, specifying the property to be sold, and the name of

1859 - 60 .

428

the owner when known : Provided further, That if the
owner of the property be unknown, or shall reside out of
this State, said advertisement shall be published for twelve
consecutive weeks prior to the sale, in case the property to
be sold shall be real estate. All such sales shall have the
same force and effect to divest the title of the property sold
out of the owner and to vest it in the purchaser as a sale
and proper conveyance under it to the purchaser, duly
made by the sheriff under a valid judgment and execution
of the circuit court of said county of Dallas would have:
Provided , That in sales of real estate, the owner whose
title shall have been so divested shall have the same right
to redeem the same, and under the same rules and regula¬
tions, and on the same terms, and within the same tinrm, as
Rights to redeem. j g or ma y be by law of this State, secured to defendants
whose lands may be sold under judgment and execution
of the circuit court; And , provided /wilier, as a requisite
to the title of the purchaser of real estate sold or to be sold
as herein above provided, that the person or officer making
Certificate. the sale shall give the purchaser a certificate in writing, to
be signed by him, setting forth substantially the statement
or process under which the sale was made, the date and
amount thereof, the description of the property sold, the
amount for which it was sold, the date of the sale, and the
name of the purchaser or purchasers, which certificate
shall be submitted to the mayor of said city lor his inspec¬
tion and examination, and if found by him to be correct he
shall annex thereto his certificate as mayor under the seal
of said city, setting forth substantially that he has exam¬
ined the said certificate, and that the same is true and cor¬
rect and in proper form, and that the sale therein referred
to was duly made under competent authority by the
authorized officer of the city of Selma. The said certificate
when thus approved and certified by said mayor, shall be
evidence per se of the facts stated, and shall operate as a
deed of conveyance of the lands to be specified therein, but
may be rebutted by other evidence, and said certificates
may be recorded in the courts provided by law for the
record of deeds, as deeds of Conveyance of lands duly pro¬
bated may be recorded, and with the same effect as notice
and otherwise.

Sec. 7. And he it further enacted , That in all cases when
taxes due said city shall not be paid within the time required
by the city council of said city the amount thereof shall
interest. bear interest from the expiration of such time, when state¬
ments shall be issued to operate as executions as provided

429

1859-m

in tlie last proceeding section, the officer issuing such state*
ments certilying them, (except the mayor) shall be entitled
to the same fees, to be paid by the party or property liable
for such taxes as are or may by law be allowed to justices
of the peace for similar services, and the officer authorized
and who may be charged with the collection of the amount
due on any such certificate, shall be entitled to the same
fees as are or may by law be allowed to constables for similar
services, to be paid in the same manner ; aU persons owing
taxes to said city and all property shall be ehargable with
nil costs to be incurred in the advertisement and sale of
property which may be sold as provided ioShe last preceed*
ing section.

Sec. 8. And he it farther enacted , That said city shall have
the right when property cannot be found out of which to
collect taxes or other debt which may be due the city, on
the r< turn of the person or officer who may be charged with
the duty of making collections in any case, that no property
can be found out of which to make the amount of the taxes
or debt as the case may be to the process of garnishment,
to be issued by a justice of the peace, when the demand
shall not exceed fifty dollars, and by the clerk of thecircuit
court of the proper county where it exceeds that amount, in
the first place requiring the garnishee to appear before a
juste e oi the peace, in the other before the circuit court, and
make answer to the garnishment, which process of garnish¬
ment may be issued upon the application of the mayor or any
officer or agent of said city, an oath being made by the
applicant of the sum due the city, and stating some person
or persons supposed to be indebted to the debtor or to have
property or effects of the debtor in his or her possession.

In tins process the certified statement of taxes due as pro¬
vided for in the sixth section of this act shall for the pur¬
poses of the grnishment allowed be deemed and taken as
a judgement of the tribunal from which the process may
issu--, and judgement may be given thereon as in other cases
against any party summoned as garnishee.

Sec. 9 And he it farther enacted , That the 18th section
of tin* act hereby amended, shall be and remain in full force
so fur as relates to taxes assessed, and payable prior to the
passage of this act, and to all done and proceedings had
under it.

Sec. 10* And he it farther 'enacted\ That person or persons
or officer who may be appointed by the city council collec¬
tor of the taxes due or to come due to said city, shall be
styled “ Tax Collector or Collector of the city of Selma,” coaeotor.

1859-60.

480

as the case may be; and such officer or officers shall be
chargable with and accountable for the whole amount of
the taxes which it shall be his or their official duty to collect,
and such officer or officers shall discharge himself or them¬
selves from liability personally, and on his or their official
bond for such taxes, by collecting and paying the amount
collected into the treasury or to the treasurer of the city,
or by showing that the taxes due in any case could not be
collected by due diligence, and that such diligence has
been used, authority being vested in said city council to
How appointed, appoint a single tax collector for the whole city, or to
appoint differenroollectors for different parts of the city as
they may deem best. Every officer of said city shall be liable
personally and on hia official bond with his securities where
bond and security are given in accordance with the con*
ditions of the bond tor defalcation of official duty, and for
all breaches of condition in any bond or bonds which may
be given to said city, in any court having jurisdiction of the
parties and subject matter under the laws of this State.

Sec. 11 . And be it further enacted , That in every case of
the sale of real estate under the provisions of this act, it
Powers in case 0 f sVisil 1 be the duty of the officer making the sale, and he is
hereby invested with power to put the purchaser in posses¬
sion of the property which may be sold.

Sec. 12. And be it further enacted, That said city council
shall have power to levy and collect a tax on all slaves
Tax on staves, brought into the city and exposed for sale by traders in
slaves, provided said tax shall not exceed five dollars on
each slave so brought into said city and exposed for sale.

Sec. 13. And be it further enacted , That said city council
Tax on hawkers, shall have power to levy and collect a tax on all hawkers
&c * and peddlers, and on all itenerant merchants or venders of

goods or merchandize of any kind within said city; Pro¬
vided, That such tax shall not exceed twenty-five dollars,
and shall not be levied oftner than once against the same
party in any one month ; and shall not be applicable to
persons who may be vending the productions of this State.

Sec. 14. And be it further enacted , That said city council
Nuieances. shall have power to prevent and cause the removal of all
nuisances within said city, such as all decayed and dilapi¬
dated houses or structures calculated to produce disease of
any kind, or unfit for use or habitation, and things produ¬
cing noxious smells in frequented parts of the city, and
things producing unhealthy exhalations and prejudical to
the health of the city, and things calculated seriously to
impair the comfort and convenience of inhabitants of the

city. And when any such nuisance shall be found on
private property within the city, said council shall have
power to cause notice to be given to the owner of such
property to remove such nuisance, and if the owner shall whenonprlvate
neglect or refuse to remove the same within such reasonable property,
time as the city council may require, the city council shall
have power to cause the removal or abatement of such
nuisance to be made at the expense of the owner of the
land on which the nuisance may exist, and the cost of the
removal or abatement shall be chargable to the owner of
the land on which the nuisance existed; and suit may be
brought against such owner in the name of the city, and
judgment recovered therefor in any court having jurisdic¬
tion, and in case the owner of the land on which any such
nuisance may exist, shall be a non-resident of the State, the
required notice be served on his or her agent, if there be
such agent in the city; otherwise, by publication in a news¬
paper published in said city for four consecutive weeks and
the cost of such advertisement shall be chargable to the
owner of the lands on which the nuisance may exist. And
in case such nuisance shall exist on lands belonging to the
estate of any deceased person or to minors, the required
notice aforesaid may be served on the executor or adminis¬
trator of the deceased, or the guardian of the minor, as the
case may be, if residents of this State ; otherwise by publi¬
cation as above provided.

Sec. 15. And be it further enacted , That said city council powers of city
shall have power to establish fire companies, and to pass coSpiLfeV 10 6re
ordinances for regulation and management of the same, to
erect and establish hospital and work houses, and houses of
correction, and to enact proper regulations and laws for the As to party
management of the same ; to establish and regulate party fcDce9 *
fences, and to determine by whom the same shall be built
and kept in repair; to provide public burying grounds,
and establish or change the same as they may deem best ury,ng grtmn ‘
and most advantageous for the city and its inhabitants, and
to enact all proper laws and regulations in relation to f gide walk8 &c
same ; to construct or cause to be constructed and kept in u e
repair side walks and pavements in such parts of the city
as in their judgment is required for the convenience of the
public and the inhabitants of the city, and when such side¬
walks or pavements are required on private property or
land belonging to individuals, the said council may require
them to be made and kept in repair by the owner of the
land, if such side-walk or pavement be required on a lot or
lots on which there may te a house occupied or rented by

432

Notice to be sriv
en to owners o
properly to re
p.iir toilc walks
&c.

Powers of city
council.

Fines and penal¬
ties.

Offenders may be
imprisoned.

the owner of such lot or lots, and if in such case the owner
of the lot or lots shall fail or refuse to make or repair such
side*walk or pavement within such reasonable time as may
be required by the city council, said council may have the
same done at the cost of the owner, and the proper expense
thereof shall be ehargable to such owner, to be recovered
by suit in the name of said city in any court having juris-
•diction of the amount and subject matter : Provided , That
- such reasonable notice as the council may prescribe, shall
'be given to the owner of such property to make or repair
such side*walks or pavements, by personal service on the
owner if he be a resident of this State; and if not by ser¬
vice on his agent if there be such agent in said city, other¬
wise by publication for four consecutive weeks in some
newspaper published in said city, or it the land belong to
the estate of a deceased person or minor, by service on the
executor or admistrator of the deceased or guardian of the
minor if within this State, otherwise by publication as above
provided.

Sec. 16. And he it further enacted, That said city council
shall have power to pass all proper ordinances, ami enforce
the same for the prevention and suppression of all disorderly
and unlawful assemblies within the limits of said city cal¬
culated to endanger the peace or security of the inhabitants,
and to suppress all brothels and houses of ill-fame, and for
the resort of notoriously lewed women, and shall have power
to cause the arrest of all persons violating any ordinance
of the council made for the suppression or prevention of the
unlawful acts or practices aforesaid, or breaches of the peace,
and inflict such fines and penalties as may be lawful in such
cases and as said council may by ordinance not contrary
to the laws of the State prescribe, and ( n default of the
payment of any fine which may be lawfully assessed for
violation of any lawful ordinance of said council, the mayor
who shall have power to try all breaches of the ordinances
of the city alone or in connection with one or more of the
councilmen, shall have power to commit to prison the offen¬
der failing or refusing to pay such fine, for any period not
exceeding thirty days, or until the payment of the fine and
costs, and shall have power to require all offenders against
the < rdinances of said council, made for the preservation of
the peace, safety or morals of the city, to give bond and
security for such amount ns the mayor may prescribe not
exceeding five hundred dollars, conditioned to abstain from
further violation of said ordinances, and on his her or their
failure or refusal to give the bond required, to commit the

483

1859-m

offender so failing or refusing to prison for any period not
exceeding sixty days or until such bond be given, and shall
liave power to cause the arrest of persons ot suspicious eon*
duet and character, who may be found loitering about the , 7

. , 1 , J 0 , i vagrants may

city without regular employment and without visable means arrested, t
ot support, or who may be found about places where
depraved persons habitually resort, and may institute
inquiry as to the general conduct and habits o such suspic¬
ious person or persons, and unless he she or they shall be
able to give such account of hi ms If or hersell, as to show
that his or her conduct and employment is lawful and prop¬
er, the mayor may require such person or persons to give
bond-and security in any sum not exceeding live hundred
dollars lor his or her good behavior, and in default then of
may commit such person or peisuiisto prison for a tune not
exceeding sixty days, or until the required bond be given,
or ,the mayor if he deem proper require such person or
persons to leave the city not to return, and on refusal to
comply with such order within the time to be presribed by
the mayor, such person or persons may be committed to
prison lorany p riod not exceeding sixty days, and until
such person or persons shall consent to leave said city and
Stay away.

.Apphovkd, February 24, 1860.

No. 296.] AN ACT

To amend the charter of the city of Wetumpka.

Sec. 1. Be it enacted hy the Senate and I louse of Represent’
allots of the State •/ Alabama in Ge<>a al Aosemhly, convened\

That the mayor and aldermen of the city of Wetumpka
shall have iui] power to ordain all such ordinances and res¬
olutions as may by them be deemed necessary lor the con¬
trol and regulation ot the sale and retail of spirituous powers of mayor,
liquors within said city, to grant license for retailing spir ing ; aut0 retttl1 '
ituous liquors in s lid city upon such terms, to be paid there¬
for hy each retailer, not to exc *ed two hundred dollars
armU'llv, as the said mayor and aldermen may order; to
restrain and prohibit them when deemed a nuisance; to
provide regulations for the punishment of any person of
color, or white person who shall keep any species ot ardent
spirits and give, sell or furnish the same to a slave, or pet-

1859~'60.

son of color, unless upon the order of the owner, or person
occupying that relation to said slave.

Sec. 2. Be it further emu ted } That said mayor ami alder-
Am ^ men shall have full power to ordain such laws as may be

meanors. necessary for the punishment of all misdemeanors and

offenses committed within the limits of said city, by fine,
not to exceed fifty dollars, and by imprisonment not to
exceed two months, in case said fine is not paid,
as to collecting Sec. 3. Be it further enacted y That the mayor and alder-
men shall have power to levy and collect a tax upon all
improved real estate in the city of Wetumpka of not more
than one per centum annually upon the assessed value of
the stme: Provided , the same shall be approved by a major*
ut^owners^to t ? .y of the real estate owners in said city, ami for the pur-
uxestobetaken.p 0se of t es ting the sense of the owners on said quesnon, it
s jail be the duty of the mayor a id aldermen to ordain an
election on the passage of such an ordinance, submitting
the same to a vote ol the real estate owners in said city,
wnieh election shall be conducted as elections for mayor
and aldermen are now conducted, and should a majority of
the real estate owners of said city, qualified to vote under
the charter of sai l city, be found in favor of raising the
taxes, then said ordinance, passed as aforesaid, shall become
a law.

Sec. 4. Be it further enacted , That the said mayor and
•uTato 1 "^debts a ^ efmen are hereby authorized and empowered to ; ssue
•rcit/. pay e the bonds of said city, not to exeeed fifty thousand dollars,
bearing eight per cent, interest, and to sell the same at not
hss than their par value, for the purpose of paying the
indebtedn* ss of said city, the same to be signed by the
mayor and attested by the clerk.

Skc. 5. Be it further enacted , That all laws and parts of
laws inconsistent with the provisions of this act be, and the
same are hereby repealed.

Approved, February 24, 18^0.

No. 297.] AN ACT

To amend an act, entitled An Act to Incorporate the city

of Eufaula.

Sec. 1. Be it enacted by tie Senate and House of Represent¬
atives of die State of Alabama in General Assembly, convened,
That an act, approved December 19th, 1857, entitled “An

485

1859-*80.

Act to incorporate the city of Bulimia,* be, and the same
is hereby amended so as to authorize the city council ofA*unai u* on
said city annually to usings, levy and collect within its lindtsLcS. ° °°

a tax on each slave, between forty and fifty years of age,
not exceeding one dollar and tweoty-0ve cents.

Approved, February 7, 1880,

No. 208.] AN ACT

To amend and revive an act Incorporating the town of
Opelika, approved February 9th, 1854.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,

Tlmt the act of incorporation of the town of Opelika,
approved February 9th, 1854, he amended so that the word
one in the first section of said act be .stricken out, and the word
(ivo inserted in lieu thereof, the corporate limits of said corporatelimita.
town embracing an area of land two miles square, the mar¬
ginal lines of which shall be equi distant every direction
from the depot or station house of the Montgomery and
West Point Railroad in said town : Provided , the owners of

the real estate within the limits over which the corporation
is proposed to be extended, first unanimously consent to
the extension before the extension is made : Providef fur¬
ther, That the said corporation shall not impose any tax
upon any railroad or railroad shed, railroad warehouse, rail¬
road cotton platform, or water tank thereof now existing
or hereafter built, which passes through said corporate
limits.

RftUrond proper¬
ty not to be tax’d.

Sec. 2. Be it further enacted, That that portion of the sec¬
ond section of said act, in relation to the qnalift atidh Of
rotors, be further amended, as follows: Provided, That'each
voter shal 1 have been actually or legally a resident citizen ?o t ^, catlon of
of sai<] town or incorporation for six months next preceding
the election, and shal I have performed the serv ce upon the
streets of the town, which may he required by ordinance
of the town, or shall have paid the assessment for street
taxes which may be provided by ordinance, in lieu of such
service, and shall have paid the poll tax of the town, and
such fines as may have been assessed against them for mis¬
demeanors and not otherwise, and at all such election after, y Hof ^ efaulterR
except the first after the passage of this act/H ahull be the*c„ »* L ^ r -
duty of the existing council to furnish the managers of th^^J5ofo«otlSSr

1859-’60.

436

election a list of the persons who may be in default in regard
to such street service, or assessment, or poll tax, for refer¬
ence at the election.

Sec. 3. Be it further enacted , That section six of said act
be, and the same is hereby repealed.

StC 4. Be it further enacted, That the foregoing amend¬
ments shall form and constitute part and parcel of the act
aforesaid, incorporating said town, and the said act so
altered and amended shall be revived and operate as if
passed the present session of the General Assembly, and
remain in full force.

AlTJioVED, February 8, 1£60.

No. 299.] AN ACT

To amend tli3 charter of the city of Montgomery.

Sec. I . Pe it *■ no tied by the Senate and House of 1lepresenU
ati.oes rf the State of Alahnna in General Afsmoubly, convened)
street*-nrtY he That the charter of the city of Montgomery is so far amend-
widened ami cx- efi that the city council of said city shall have authority to
les <Jtd alter, widen or extend any street within the limits of the

city whenever, in their judgment, the public convenience
requires it.

Sec. 2. Be it further enacted , That when any alteration of
^"^iriVg'Jfstreet is determined on by resolution of the city council,
the mayor of the city shall endeavor to acquire the right to
the use of the lands necessary for the propos d alteration,
by purchase or gift from the proprietor or proprietors.

Sec. 3 Be it further enacted , '1 hat when the mayor can¬
not obtain the lands by purchase or otherwise, or when the
proprietor or proprietors of any of the lands necessary for
the proposed alteration of the streets shall be an infant non
compos mentis, non-resident, or person unknown, then the
mayor shall apply to the clerk of the Circuit Court for a
«u.y of sheriff. wr jj. 0 | w i quod damnum , to be directed to the sheriff of
Montgomery eountv, commanding him to summons a jury
of seven freeholders of the county, not resident in the city
of Montgomery, to appear before the sheriff, on a day
named not less than ten days from the dab* of the writ, and
to proceed under his direction, after being sworn impartial¬
ly to discharge their duty, to assess the value of the lands
Value of Hndsof such proprietor named in the application for the writ,
juty L ** vd bjr A and tn the writ, which shall stafcj the lands required for use

487

1859-60.

as part of the. slroet, and the names of tlie owners respec¬
tively, ami the said jury shall, after viewing the premises, yersct of jury
rend, r a verdict which may be done by a majority ; win Cfl and recorded,
verdict shall be endorsed on the writ by them, and shall
assess the damages to each proprietor severally, and the
sheriff shall thereupon return the writ so endorsed to the
clerk of the circuit court, and the verdict so rendered shall
be entered on the records of the Circuit Court at the next
term of the court after its return, unless an appeal shall have
been taken in the manner prescribed in the n<xt section.

Skc. 4. Be it farther enacted, That on the return of the
verdict, and the payment to the cleik of the damages
assessed, the lands so assessed shall enure to the public use
as part of the streets, unless the city council or some pro- Appeal may be
prietor or proprietors shall, within t iity days, take an tukcl1 *
appeal to the Circuit Court, and on su h an appeal being
taken the matter shall be tried in the Circuit Ceurt de novo.

Sec. 5. Be it further enact’d , That on the suing out of
the writ the mayor shall pay to the clerk of the Circuit pay

Court two dollars for his fees; two dollars for each juror,
and four dollars for the sheriff.

Approved, February 7, lb60.

No. 300.] AN ACT

To amend the charter of the city of Montgomery.

Sec. 1. Be it enacted hy the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,

That ali white male citizens of this State, above the age of
twenty-one years, who shall have resided within said city
of .Montgomery six months immediately preceding any Qualification of
election, and who shall have paid a poll tax Jor the muni voter8 ‘
cipal year, shall be qualified electors for mayor and
aldermen.

Sec 2. Be it farther enacted , That all laws and parts of
laws contravening the provisions of this act, be, and the
earrie are hereby repealed.

approved, November 29, 1859.

438

No. 301.]

AN ACT

To amend the Charter of the City of Montgomery.

Sec. 1. Be it enacted by the Senate and House of Represent -
at toes of the State of Alabama in General Assembly convened,
That the city council of the oily of Montgomery, in the
exnd U pun™if. coun V Montgomery, be, and is hereby authorized to

bonds. extend the city bonds known as the plank road bonds, and

the bonds of the city given for sto k in the s uth plank road,
amounting in the aggregate to $70,000 by the issue of new
bonds, running not less than ten years I nun the maturity
of said plank road, and south plank road siock bonds with
the same rate of interest the bonds bear, the bonds so
issued to be exchanged and substituted in the place of the
plank road, and the plank ro id sroak bonds held by bona
on TC * l jide hosiers, and that the city authorities be authorized and
required to assess and levy a tax of not exceeding one-
eighth of one per cent, upon the taxable real estate subject
to taxation, to be appropriated as a special fund fbr the
payment of the interest, and a sinking fund for the pay¬
ment of the principal of said new bon Is, and that said tax
Cease after six years: Provvled , That the said city council
shall first pass a law authorizing the real estate owners who
HoM neiection. are residents in said city above the age of 21 years to vote
for extension or no extension, and ii a majority of the said
persons vote lor extension, then the said city council shall
be, and is hereby invested with lull power to carry out the
true intent of this section, and if a majority ol said persons
vote lor no extension, then this section shall have no force
or effect whatever.

Sec. % Be it further enacted, That the said city conned is
„ „ , . , hereby authorized and empowered to pass laws for the

Sell real estate . . . . ‘ i r> r i i

for taxes. sale oi the real estate in said city lor taxes, whether the
said real estate b *longs to r sklent or non-resident owners,
or to persons unknown, and to authorize the sale of any
one lot or subdivision ol lot, if separately assessed, and
t uat the owner or any one for him be allowed to redeem at
any time within two years from the sale, on paying to the
purchaser or the city treasurer lor him four times the
amount of the taxes, costs and expenses paid by the pur¬
chaser, and interest at the rate of 20 per cent, per annum
on the surplus, and that the surplus over and above the
amount of the taxes, interest, cost and expenses, be paid
into the city treasury to be kept by the treasurer for the
Treasurer^datj. owner, upon the responsibility of his bond, and that inter-

Owrner may re
deem.

est shall be collected and the taxes assessed frorn the first
day ol December next alter the assessment, it* not paid by
that day; and that where arty lot or part of a lot has been
assessed to an unknown owner, the assessment, shall be Citycoancn
prirna facie evidence of the fact; and that the city conned purctww real •*.
inay by «ts agent, purchase real estate sold for taxes: the ute80ld for ***'
deed for the same may be made to the mayor of said city,
to be held by him for said city which may be redeemed -as
other lands sold for taxes as aforesaid, and when redeemed
the mayor shall re-con vey to the owner, and to pass laws * >ut3rofma,or ‘
for the annual assessment, levy and collection of a tax not
exceeding the following* rates, to wit: For each livery or
sale stable, fifty dollars; lottery oilier or agencies, two
hundred dollars; insurance offices, foreign or otherwise,
fifty dollars; free banks or bank agencies, one hundred
dollars; negro traders or brokers, one hundred dollars; all
persons buying cotton on commission or otherwise, twenty- Taxes .
five dollars; hotels, fifty dollars; theatres, shows, or other
exhibitions; five dollars, for each days performance or ex¬
hibition lectures, when an admission fee is charged, except
for charitable or benevolent purposes, five dollars for
each lecture; circuses, for each days or nights performances,
twenty dollars; peddlers, thirty five dollars; lawyers, doc¬
tors, dentists and daguerreian artists, five dollars each ;
billiard, pool, bagatell or other tables kept for playing, one
hundred dollars each ; ten pin aih/ys, or alleys with any
other number of pins, fifty dollars; restaurants, titty dol¬
lars each ; concerts for profit, five dollars for each; auc¬
tioneers fifty dollars; ware houses, for the storage of cot-
tom one hundred dollars; public scales, twenty five dollars
each ; furniture, silver plated ware, above the value of five
hundred dollars, one-fburth of one per cent, on the value
thereof ; horses and mules brought to market for sale by
other persons than the proprietors of livery stables, one
dollar for each ; pistol galleries, fifty dollars; gold watches,
fifty cents: silver watches and clocks, thirty-five cents;
gold safety or watch chains, thirty-five cents; companies
for the manufacture of gas, one hundred dollars, indepen¬
dent of the value of their property; steam boats lying at
the wharf for each day or any part thereof, five dollars.

Approved, February 25, 1860.

1859-*60.

440

No. 302.] AN ACT

To amend the Charter of the Town of Demopolis, and to
confer additional powers on the corporate authorities of
said Town.

Sec. 1. Be it enacted by the Senate a?id House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the eleventh section of the act to incorporate said
town, passed December the 15th, A. D. 1821, bo amended
Qualification of as follows: Provided , they are citizens of the United States,
voters. have resided in the corporate limits of said town for t.welve

months next be ore the election, and have paid up all cor¬
poration taxes for the last twelve months.

Sec. 2. Be it farther enacted , That in the event of a
vacancy in the office of intendant by death, resignation, or
other cause, it shall be the duty of the councillors to call
an election for an intendnnt of said .town, by posting up
ten days notice in three of the most public places in said
town, and upon their failure to do so for the term or rive
days, the Judge of Probate of the county of Marengo, shall
upon the written petition of seven freeholders in said town,
order an election for intendant in said town, and shall ap¬
point six suitable inspector- to conduct the same, who shall
make due return th* reof to him.

Sec. 3. Be it further enacted , That in the event of a
vacancies filled, vacancy in the office of councillor, the remaining councillors
if a majority, shall by vote fill such vacancy, but if there
be no majority, then the remaining councillors shall order
an election giving ten days notice, as in the preeeeding
section, and shall conduct the same as inspectors, and upon
the failure for five days on the part of said majority or of
the remaining councillors to supply said vacancy, the Judge
of Probate of said county shall order an election in the
manner prescribed by the preeeeding section two of this

act.

Sec. 4. Be it further enacted , That as soon after the en¬
actment of this amendment as may be convenient and
practicable, Francis 8. Lyon, Benjamin N. Glover, Kobert
M. Campbell, Gotlub Butting, David Compton, Simeon
Wheeler, and Archibald T. Sharp, be, and they are hereby
appointed commissioners to hold an election for intendant
«iecti<». aru | councillors of said town, and the intendant and coun¬
cillors then elected shall continue in office until the first
Monday in April, A. D, 1861, and until their successors
are qualified.

Sec, 5. Be it further enacted, That in all elections for
intendarit and councillors, if no choice is oivide by reason inspectors decide
of two or more persons having the same number of votes tie votc *
for the same office, the inspectors must decide between such
persons by lot.

JSec. 6 . Be it further enacted , That the corporate author*
ities of said town shall have power to pass laws and ordi-,
nances to licer.se, tax, regulate, restrain or prohibit fche RetaiHng '
retailing of spirituous and vinous liquors within the corpo¬
rate limits of said town.

Sec. 7. Be it further enacted , That if on the trial of
any case before the intendanfc for the violation of a town Dut y of intand’t.
Jaw or ordinance, it shall appear that the defendant has
also violated any law of this State prohibiting trading with
slaves, it shall be bis duty to bind him over to the circuit
court of Marengo county, to answer then for the violation
of the Said laws of the State.

Sec. s. Be it further ^enacted, That all laws heretofore
passed for the government of said town, which are in con-

are hereby re-

No. 80S.] AN ACT

To amend the Charter of the Town of Rodgersviile, in
Lauderdale County.

Sec. 1 . Be enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,

That An Act entitled An Act, to incorporate the town of Pr0h j bitthe 8aIe
Rodgersviile, in^the county of Lauderdale, approved 2nd Feb* of liquors,
ruary, 1858, be so amended as to authorize the corporate
authorities of said town to prohibit the sale of spirituous or
vinous liquors within the corporate limits of said town.

Sec. 2. Be it further enacted, That the words “ thence
west to the quarter section post on the east boundary line
of section thirty, township two, range seven, west,” in the
1st section of said act, be so amended as to read, M thence
west to the seventh range line.”

Sec. 3. Be it further enacted, That all laws and parts of
laws contravening/the provisions of this act be, and the
same are hereby repealed.

Apfkoved, February 10,1860.

filet with any of the provisions of this at*
peal« j d.

Appkoved, January 12, 1860.

1859-60.

442

Name.

Powers,

Capital stock.

Provided.

No. 804.] AN ACT

To Incorporate the Randolph Mining Manufacturing and
Transportation Company.

Sec. 1. Be it enacted hy the Sena'e and House of Represen¬
tatives of the State of Alabama in General Assembly con vened
Tuat B. H\ Gibson, W. R. Hanna, John ii. Gibson,
Lorenzo Russell, their associates and successors, are
hereby constituted a body politic and corporate, by the
name and style of the Randolph Mining, Manufacturing and
Transportation Company, lor the purpose of mining,
smelting and transporting gold, silver, iron and coal,
and other metals and minerals, and vending the same, and
for such purposes may erect all necessary buildings and
other fixtures for carrying on their operations, as well as
for building all such roads as the directors herea'tCr to be
named may deem necessary, to transport their copper, met-
tals and minerals to market, and by that name may sue
and be sued, plead and be impleaded, appear, prosecute
and defend in any eomts of law and equity whatsoever in
all suits and actions, indy have a common seal, and the
same may alter or amend at pleasure, hold, mortgage,
trans'er and 'onvey any real or personal estate.

SEC. 2. Be it farther enacted. That the capital stock of
said company shall be two hundred and fifty thousand dol¬
lars, in shares of one hundred dollars each, and may
increase (rom time to time, in such mode and upon such
conditions as stockholders owning or representing a ma¬
jority of shares shall determine : Provided, said capital stock
snail at no time exceed live hundred thousand dollars;
that the first inee ing called of said corporation may be by
any three persons named in this aet, at such time and place
as they may select, and at such meetings a Board of Direc¬
tors shall be chosen among the stockholders present at such
•meeting, and such Board of Directors shall take charge of
the operations of the company subject to such rules and
regulations as maybe adopted by the stockholders; and
said Directors shall hold their office ior one year, or until
their successors are appointed, and may adopt such by daws
and regulations lor the government ot the concerns of said
company, as may be deemed expedient, not inconsistent
with the rules made by the stockholders as aforesaid, nor
with the constitution of the United States, or of the State
of Alabama.

Sec. 8. Be it farther enacted, That the Directors shall

443

1859->00.

cause a book to be kept containing the names of all per¬
sons who are stockholders of said company, showing their
places of residence, and the number of shares of stock held
l, y each respectively, and the time when they became re¬
spectively the owners of said shares, and the amount of
stock actually paid in, which book shall, during the busi- pcnb00k *’
ness of each secular day be opened at the place of business
of said company for the inspection of the stockholders and
creditors of the company and their Representatives.

Sec. 4. Be it further enucted ) That the said corporation
may divide their original stock into such number of shares
ami provide for the sale and transfer thereof in such man¬
ner and form as they may deem expedient, and may levy Divide stock, to.
and collect assessments, may forfeit and sell the shares, of
delinquent stockholders, declare and pay dividends on the
sh ires in said mines in such manner as their by-laws may
direct, and that nothing but money and mining property •
shall be regarded as a basis for capital slock.

Sec. 5. Be it further enacted, That all the stockholders
not having paid their stock according to the terms of sub¬
scription shall be individually liable to the creditors of the L,abHltie,%
company to the amount so remaining unpaid, and in like
manner shall the Directors be liable individually for any
amount they may declare and authorize to be paid to the
stockholders as dividends when the company shall be
unable to pay all the debts due by it, to avoid such iiabi ity
on his part, the oissenting Director shall enter or cause to
be entered on the minutes of the Board his dissent thereto,
or if not present when the act is done, he shall so record or
cause to be recorded his dissent thereto, within thirty days
after such dividend shall have been authorized.

Sec. 6 . lie it further enacted , That the said company
shall not contract any debts over and above the amount of
capital stock paid in, no part of which shall be withdrawn
or in any way or manner divested from the business of the
company without the consent of three-fourths in interest
of the stockholders.

Sec, 7. Be it further enacted , That the corporation skull
have fiower to erect all necessary buildings and other a pa¬
ra t us for manufacturing cotton, flour and wool.

Sec. 8. Be it further enacted , That this law shall take
effect immediately after its passage.

Appkoved, February 27, 1860.

1859-60.

444

Name.

Powers.

Prescribe shares.

Provided.

No. 305.] AN ACT

To Incorporate the “ Montgomery Mining and Manufac¬
turing Company,” Mims located in 1 alladcga County,

Alabama.

Ssc. 1. B: it enacted hy the Senate and House of Represent¬
atives of the State of Alabama in General Assembly cammed ,
That William Taylor, Francis M. Gilmer, Jr., Charles T.
Pollard, Samuel G. Jones, their assocutes, and such other
persons as may hereafter be associated with them, and
their successors be, and they are hereby constituted a body
corporate in fact and in name, under the style and title of
the “ Montgomery Mining and Manufacturing Company,”
and by that name shall be, and are hereby made able and
capable in law to have, purchase, receive, possess, enjoy
and realize to them and their successors, lands, rights, tena-
ments, heriditaments, goods, chattels and effects in any
amount the body corporate may deeuj necessary to carry
all the objects ol said corporation int» full force and eff ct,
which objects are to mine, transport and sell ores and
metals of all kinds, either in the crude, prepared or refined
state, to manufacture tubries of copper, iron or other mate¬
rial, sulphur, sulphuric acid, manipulated guano, and also
any and every thing, substance or kind of which their
mines may be possessed in its natural state, or discovered
bv chemical process, and the same to sell, grant, demise,
alien and dispose of, to sue and be sued, to plead and
be impleaded to answer and. be answered, defend and be
defended in all courts having jurisdiction to make, use and
have a common seal, and the same to break, alter and re¬
new at pleasure, to own and hold in perpetuity such quan¬
tity of laud as may be sufficient to carry on the business of
said company.

Sec. 2. Be it further enacted , That said body corporate
shall have the privilege of prescribing the capital stock,
and the number of shares into which the capital of said
corporation shall be divided, the mode in which it shall be
taken, paid, transferred or assigned, and also to prescribe
the mode by which stockholders may vote, and the num¬
ber of votes to which each share shall be entitled: Provided ,
nevertheless , That the rules adopted shall be uniform equally
securing the rights of each stockholder, and also to provide
for the election by ballot of such officers, as may be deemed
necessary for the government of the affairs of said corpora¬
tion, and also to authorize, establish and put into execution

445

1859-60.

such by-laws or ordinances and resolutions as they shall
deem necessary and expedient for the government of said
corporation, not being inconsistent with the laws of the
State of Alabama, and of the United States, and in general
to do and execute all and singular the acts, matters and
things which may be necessary for mining, smelting, trans¬
porting and selling any ores, minerals their or product**,
also to possess the ri_ht to manufacture sulphur, sul*
phurio acid, guanos and all other substances to which tin y
can make the products of the mines applicable: Provi -
dcd, however , That nothing contained in this act shall
be so ousirued as to authorize said company to do anything
like banking.

Skc. 3. Be it further enacted , That no spirituous liquors
shall he retailed with five miles of the aforesaid mines.
Approved, February 21, 1860.

No. 306.] AN ACT

To Incorporate and to aid the Agricultural and Doiticul-
tural Society of Western Alabama.

Sec. 1, Beit enacted by the Senate and House of Represent *
a lives of the State of Alabama in Gene'rul Assembly convened ,
That F. S. Lyon, President, G. E. Nelson, C. A. Poelnitz,

3 i. I), ones, John D. Walthall, T. C. Lanier, Thomas Price,

W. W. McGuire, David Siott, E. B. Vaughn, E. F. Hous¬
ton, and L J. Wilson, Vice-Presidents; Geonue G. Lyon
and J- S. Harwell, Recording Secretaries; D F. Ptont,
Corresponding Secretary; G. G. Griffin, Treasure!; ami N.

B. Whitefiehl, Chairman; and E. C. Du Bose, John E.
Blocker, A. C. Junes, LI. \V. Reese, B. N. Glover, Jus. E.
Jou's, B. LI. EiJgewiy, Li M. R>bjrtson, G. Brittmg, LL
A. Taylor, A. M. Lewis and Jas. E. Bryan, Executive Narae ‘
Committee of the Agricultural and Horticultural Society of
Western Alabama, and their successors in office, are hereby
constituted a body corporate by the name of' the Agricul¬
tural and Horticultural Society of Western Alabama, and
by that name may sue and he sued, plead and be implead¬
ed in any court of law or equity, may have and use a com¬
mon seal, and the same may be broken, altered or changed
at pleasure, and may adopt such a constitution ami by-laws
as to ilie society may seem proper to promote the interest
and prosperity of the same, and may furtimf do all things,

446

and perform all acts necessary to aid and assist the interest
of said society, that the objects for winch the same was
formed may be more easily obtained.

Si c. 2. He it fut(Iter enacted. That the agricultural and
horticultural society of Western Alabama is authorized
and empowered to own and possess in their corporate name
real ami personal property, to the value of thirty thousand
dollars; they are also authorized to improve such real estate
in such way as will beat suit the interest and convenience
of tin* society.

Approved, February 28, I860.

No. 307.] AN ACT

To Incorporate the Book and Tract Society of the Alabama

Conference of the Methodist Episcopal Church South.

SKC. 1. Be it enacted by the Senate and House of Bep‘C8ent~
atU'es of the State of Alabama in General Assembly convened ,
That Duke W. Goodman, Robert A. Baker, J. J.B acham,
A. A. Coleman, Carv W. Butt, Gideon E Nelson, Francis
T. Hemphill, John W. Porter, Allen H. Rvland, J T.
n f Montgomery, Jefferson Hamilton, Phillip P. Neely, Allen
rators. S. Andrews, Mark S. Andrews, Thos. J. McCoy, A. II.

Mitch* 11, J *sluia T. Heard, Thomas W. Dorman, Samuel
Armst.ro g, James S. Cotton, their associates and suee* ssors
in oflio , be, and hereby are incorporated into a body politic
stjic-. and corporate bv the name and style of the Book and Tract

So iet.v of the Alabama Conference of the Methodist Epis¬
copal Church South, and by that name may sue and be sued,
Contract and be contracted with, be entitled to exercise and
Powers. enjoy ail the privileges and immunities, and be subject to

all the liabdities of coiporations. That in said corporate
name- they are authorized t<> have and to hold, by de- d or
otherwise, all property real and personal or mixed, which
Mav own prop* may be deemed necessary for the establishing and keeping
* rty - up a book ami tract society for the publication and di-semi¬

nation of moral and religious literature to any amount not
exceeding one hundred thousand dollars.

Seo. 2. Be it further enacted , That the property, both
rot to bo real and personal owned by said so *eity and used in and
about, the hii-iness of said society shall be exempt from all
taxation imposed by State, county or city authority.

APPROVED, January 11, i860.

447

1859~m

No. 308.] ' AN ACT

To Incorporate tne Central Warehouse Company.

Sko 1. Be it enacted by the <Senate and I/ovse of Represent¬
ative# of the a State of Alabina in General Asst mbit convened.

That iviwan! T, Watts, John W. Lapshy, Ciena tit B.

AViiiie and Robert lingood, of the county of D.Jias, be, of eor P°*
ami they are hereby made ami declared a body eoiporate
in the name and style ol the ‘‘Central Warehouse Company, 1 ’
to be located u> the e ty ol Selma in tins State, and in and
by that name to sue and be sued, ole-ad and he impleaded.

* , , i • i i i » i . Name and style.

contract mid bcc.mireted with, and have and use, and aiu r
at pleasure a corporate seal, and with their associates and
su e ssois, to have continual succession, and exercise ail the
privileges and powers granted by tuis act.

Sec. 2. Be it farther enacted , d bat the business of said Business of CO.
company is hereby dee arch to i>e a general warehousing
business, to receive and store and forward goods, wares and
merchandize and produc*, within the city of Selma.

Sec. 6 . Be it farther eutteled t 1 hat the capital stoc It Capital stock.
Said corporation shall be lor such amount as the corporators
inay designate and agree upon, not exceeding in the whole
the sum of two hundred th uisarnl dollars, to be divided
into shares of five hundred dollars each, an l in all matters
and business of the company requiring the vote ol the cor¬
poration, each corporator shall nc entitled to one vote lor
every share of stock owned, and it shall require a majority
ol the corporators (that is those owning or controling a QuorUTO *
m «jonty ol the shares) to form a quorum to transact busi¬
ness to he binding on tiie corporation, or to pass bylawsand
figurations in relati >n to its business and affairs.

6KC.dk. Be it f arther enacted, That the said corporation own r r °P'
may purchase and hold all property real and personal,
d< eiin ii hy the corporation needful and propel for the pur¬
poses of their Imsim ss, and said corporators may put into
said company as capital stock thereof, atsueh valuation and
on such tt-rms as they may agree upon, the lands, tenements
and hcridit-aments situate in said city, known as the “Cen¬
tral Commercial Depot,” v\ith their appurtenances and such
other property as said corporators may deem proper and mock*

agrie upon, and said corporators shall have power to use
and employ their property in their said business, and they
may rent out or lease them tenements or such p..*rt thereof
as they may deem proper, i deluding their store-rooms and
offices and other apartments, on such terms as the company Re * n * meD

1859-60.

448

may deem proper, and may dispose of the property of the
corporation in any lawful manner.

Sec. 5. Be it farther enacted , That said company may
Directors’pow’rs elect a Board of Directors, lor the management of its busi¬
ness, and may comer upon said Board such powers as may
be deemed advisable, and may appoint all officers and agents
for the management d its affairs and business, and define
the duties of such officers and agents, and may require of
such officers or agents or any of them, proper bonds with
security for the faithful discharge and performance of' duty,
and may make rules defining the manner and the conditions
of the transfer of stock of the company by any stock holder,
ami may make and establish, and alter and repeal at pleasure
all by-laws and rcgulati >ns pertaining to the business and
Mhv borrow mo- a ^ rt * r8 the corporation, not contrary to the constitution
* c - ami laws of this State or the United Sta es, and said com¬
pany shall have power to borrow money and issue bonds
therefor, and to secure the same by mortgage or deed of
trust on the property, means and effects of the company or
any part thereof, on such terms and conditions as said
company may prescribe.

Sec. 6 Be it further enacted , That the power shall be,
and is hereby reserved to the Legislature, to alter or amend
this art at pleasure.

Sec. 7. Be it further enacted , That the stockholders in
said company shall each be liable, in his or her individual
capacity for the debts of the company.

Approved, February 25, 1860.

No. 809.] AN ACT

To Incorporate the Lauderdale Manufacturing Company.

Sec. 1. Be it enacted hy the Senate and Ilouec of Represent -
a liven of the State of Alabama in tt enteral A^entUy, convened,
Names of corpo- Tliat Kiel aid 13. Baugh, John S Kennedy, J. (j. W. Left-
ratora. wieh and Will am 11 Hays, together with such persons as

may hereafter associate with them, for the purposes herein¬
after expressed, are hereby constituted a body corporate,
with power of continual succession to them, their heirs and
Powers. assigns, with power to sue and be sued, contract and be

contract d with ; to hold, alien and convey, buy and receive
hunks, tenements, machinery, interests and chattels, and to
have and use a common seal, aud the same to change or

449

1859-60.

alter at their pleasure; to make and execute contracts,
promissory notes, drafts and bills of exchange and other
obligations, under seal and noc under seal, and with or
without their corporate seal; all of which shall bind the
property and all the interests of said corporation: Provided
only , the powers here granted shall not be construed to Providcd *
authorize the issuance of notes or drafts to circulate as
money.

Sec. 2. Be it further enacted , That said corporation shall
have power to manufacture all kinds of cotton or woolen
fabrics, cotton yarns, warps, ropes, twine and cordage, cotton
buntting and all manner of fabrics made of cotton or wool,
and the same to vend and the products thereof, and buy May boy and
and sell such goods, wares, merchandise and commodities 8611 *
as may be necessary for carrying on their business.

Sec. 3. Be it farther enacted^ That said body corporate
shall be known by the name of the “ Lauderdale Manufac¬
turing Company,” and in that name may sue and be sued Name *
in any court of law or equity, and may purchase, hold and
enjoy property real or personal, and sell and convey the
same at pleasure, and contract and be contracted with in
the same manner and to the same extent that is usual
to corporations of like character, kind or discription in any
amount the body corporate may deem necessary, to carry
all the objects of said corporation into full force and
effect.

Sec. 4. Be it further enacted , That said body corporate
shall have power to ordain and establish such by-laws, rules Bylaws,
and regulations for the government and conduct of its offi¬
cers and agents as it shall deem appropriate to its business.

Provided , They be not contrary to the constitution or laws Provided,
of this State or of the United States.

Sec. 5. Be it further enacted , That the capital stock of
said company may consist of the property held in Lauder¬
dale county of this State, now held by the parties named capital stock,
in section one of this act, situated on Shoal Creek, nine
miles north east of Florence, in said county, consisting of
twelve hundred acres more or less, on which is located a
a grist and saw mill, and a cotton factory, known as “ Lau¬
derdale Factory,” and it may consist of such other property
and money as may be hereafter associated and connected
therewith by said company and their associates or assigns;
and said stock may be valued by said company at such
sum as they may determine on, and divided into shares of®*™.
one hundred dollars each ; and said company shall have
29

power to build other mills and factories, rebuild or add to
the present ones, as they may from time to time deem advi¬
sable.

sale of liquors Sec. 6. Be it further enacted, That it shall not be lawful
prohibited. for any person or co-partnership, to sell or barter any vinous,
spiritous or fermented liquors, in any quantity, within two
miles of said cotton factory; and if any person or persons
shall sell or barter any vinous, spirituous or fermented
liquors within two miles of said factory and in violation of
this section, such person or persons shall be liable to indict¬
ment, and on conviction may be fined in a sum not less
than one hundred nor more than five hundred dollars, for
each and every offence; and no license or permit shall
hereafter be granted by any authority in this State to any
person or persons to vend or dispose of such liquors within
Fee of solicitor two miles of said factory. The fee of the solicitor for a
conviction under this section shall be twenty dollars,
and any act of evasion, such as selling a different article,
and giving away any of the liquors aforesaid, shall be given
in evidence on an indictment under this section; and if the
jury believe that the same was done for the purpose of
evading this restriction, they may find the defendant guilty
under this section: Provided , however , That this section
Provided, shall not embrace or prohibit the licensing of retailers at
Bailey’s Springs, in said county.

Approved, February 21,1860.

No. 310.] AN ACT

To establish a Board of Botanic Physicians in the county

of Blount.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened\
That George White, J. W. Musgrove, of Blount county,
Robert 0. Freeman, of Wi nston county, J. W. Lowery, of
Marshall county, and C. C. McAnnally, P. M. Musgrove
and Dr. Mattox, of Walker county, they and their suc¬
cessors in office, are hereby constituted a Board of Botanic
Physicians, for the county of Blount, to be known as the
Name, « Blount County Medical Board of Botanic Physicians,”

and they or a majority of them, are hereby authorized to
elect such officer or officers as they may deem necessary to
a proper discharge of the duties of said board, and a major*

451

ity of said board shall constitute a quorum, who shall have
power to fill vacancies caused by death, resignation or other* Power3 *
wise, and discharge any and all other business incumbent
on said board, as are provided by law.

Sec. 2. Be it further enacted, That said board shall meet
in Blountsviile, on the first Monday in April, 1860, or as of meeting,
soon thereafter as may be, and at such other times as they
or a majority of the board may direct; and the President
of said board shall have power to call special meeting, when
he may deem it necessary.

Sec. 3. Be it further enacted, That said board shall have
power to, and license applicants to practice the

botanic L^vstefiTof rsdicine, and may charge each applicant Licenge
for examination am licensee, 10 exceed ten dollars, and
license so granw'edihall \} e gool and valid in all parts of the
State.

Sec. 4. Be it further enact'd, That no person shall be
allowed to practice the Botanic system of medicine in said
county, unless he be licensed by said board or some other
board of regularly authorized Botanic physicians.

Sec. 5. Be it further enacted, That no physician practicing
medicine under the Botanic system in said county, without
license from some regular board authorized to examine
applicants and grant license, shall be allowed to collect any¬
thing for his services as a physician. Any law to the con¬
trary notwithstanding.

Approved, February 21, 1860.

No. 311.] AN ACT

To “ Incorporate Pine Grove Church,” in Barbour County.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened,
That the members of Pine Grove Church, in Barbour
county and their successors, be, and they are hereby i ncor ~ Name
porated by the name and style of “ Pine Grove Church,”
and by that name may sue and be sued, may receive dona¬
tions, purchase and hold real and personal property, for the
use of said church, and the same use or dispose of at pleas¬
ure, and to make rules and regulations for the government
of said church, not inconsistent with the laws and constitu¬
tion of this State or of the United States.

Sec. 2. Be it further enacted, That it shall not be lawful

1859 -’ 60 .

452

sale of i iquor3 for any person to sell spirituous liquors or wines at any
prohibited. point within two miles of said church, except for medicinal,
sacramental or mechanical purposes, and if any person
shall violate the provisions of this act, such person shall be
subject to indictment, and on conviction, may be fined in a
sum not less than one hundred nor more than five hundred
dollars, for (aeh and every such offence.

Approved, February 16, 1860.

No. 312.] AN ACT

To Incorporate the Hook ant? judder Cm pan y / in the city

of iufauJa

Sec. 1. Be it enacted by the*&cnate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,
That the members of the Hook and Ladder Company in
Name. the city of Eufaula, and their successors, be, and they are

hereby incorporated by the name and style of the “Pioneer
Hook and Ladder Company,” and by that name, may sue
and be sued in the various courts of law and equity in
tliis State, may hold such personal and real estate as may
be necessary for the purposes of their organization, and
the same may dispose of at pleasure ; may have a common,
seal, and may make such rules and regulations as may
Power?. be necessary for the government of their members, not
inconsistent with the constitution and laws of the United
States and of the State of Alabama.

Sec. 2. Be it further enacted , That the members of said
company, shall be, and they are hereby exempt from road,
jury and militia duty.

Sec. 3. Be it further enacted , That said company shall
be allowed to exercise and enjoy all legitimate privileges
belonging to fire companies generally.

Approved, February 9, 1860.

453

1859-60.

No. 313.] AN ACT

To Incorporate the Mechanics’ Aid Association of Mobile.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State ot Alabama in General Assembly convened,

That Archclara Taber, J. C. McGuire, E J. Rollings, Chas.

S. Partridge, B. T. Forsyth, T. J. Barnard, F. Burgess, Geo. Name -
Steel, W. W. Gilmore, James Hill and James Robertson,
or such of them as shall be subscribers thereto, and their
successors be, and are hereby created a body corporate, by
the name and style of the “ Mechanics’ Aid Association ”
of Mobile, for the term of twenty years.

Sec. 2. Be it further enacted , That the objects and du¬
ties of said company shall be to receive and deposit for safe 0bject3 and du<
keeping the earnings and savings of working people and ties,
others, to give such depositors receipts or other vouchers
for said deposits, to pay to said depositors interest on such
terms and rates as may be agreed on with the depositors, or
as may be provided for in the by laws of the company, in
case of no agreement, and to repay the principal to the
several depositors on their call, order or check, or on the
surrender of the receipts or vouchers.

Sec. 3. Beit further enacted, That the said company shall
not be compelled to receive a smaller deposit, at one time,
than five dollars, nor to pay interest until the amount of
twenty dollars shall have been deposited by any one
depositor.

Sec. 4. Be it further enacted , That to secure the depos¬
itors from loss by said company, the subscribers composing
the company shall each pay in. on subscription, two hun¬
dred dollars as a common stock, and shall also pay ten dol¬
lars per month thereafter, that is to say, on the first Mon¬
day in each month until the sum paid in shall amount in
the aggregate to ten thousand dollars, which shall remain
and be common stock and subject to the debts and deposits
of said company.

Sec. 5. Be it further enacted, That the common stock of
the company may be invested in any stock, issued by au- Tuvest
thority of the State of Alabama or the United States, or
may be loaned on pledges on unencumbered real estate with
bond and mortgage security.

Sec. 6. Be it further enacted , That in order to enable the M
company to pay interest to depositors, and to pay the neces¬
sary expenses of the company, as well as to compensate its
members and subscribers for the use of the common stock,

1859 -’ 60 .

454

the company shall have power to lend its surplus funds on
securities, and to discount and purchase promissory notes
and bills of exchange.

Powers. Sec. 7. Be it further enacted,\ That the said company may

have a common seal, shall have power to sue at law or in
equity, and be liable to such suits. It may acquire and
hold real estate, as a corporation, and erect buildings there¬
on for the use of the company, not exceeding forty thous¬
and dollars in value, and such other real estate as may be
acquired in the way of security, or by legal collection of
its debts or claims.

Trustees. Sec. 8. Be it further enacted, That the business of the

company s tall be conducted by seven trustees, to be elected
bv the subscribers to the common stock annually, one of
whom shall act as President, and the said trustees shall ap¬
point a person to act as Secretary and treasurer, who shall
give such bond and security as said trustees shall require,
and receive such salary as said trustees may agree upon,
and be elected annually.

Sec. 9. Be it further enacted , That the Board of Trustees
shall form and adopt by-laws and regulations for the gov¬
ernment of the company ; for the management of rts busi-
By-iaws. iiess ; for the transfer of st«>ek; for the loan and collection

of its surplus funds, and for all other busiuess of the com¬
pany as may be proper: Provided , nothing in said by-laws
shall be contrary to the laws of this State or the United
States.

Sec. 10. Be it further enacted, That the Governor of the
State may appoint biennially three Commissioners to exam¬
ine into the affairs of said company, its moneys, books and
ex^nune books! 0 general condition, and make report thereon, and it shall be
the duty of the said company to afford said examiners every
facility to enable them to make their examination thorough
and accurate, and shall also pay to each of said examiners
three dollars per day for their services in making such
examination, not exceeding ten days each.

Sec. 11. Be it further enacted, That it shall be the duty
of said company to receive for collection, free ot charge, all
promissory notes and bills of exchange negotiable and pay¬
able at said company, or at any of the banks in the city of
Mobile, which may be left for that purpose, as much as ten
days before their maturity, and all promissory notes and
bills of exchange negotiable and payable at the office or
business house of said “Mechanics’ Aid Association ” shall
be entitled to days of grace, and in all things governed by
the law merchant, except so far as the same is changed by

455

1859 - 60 .

the Code of Alabama: Provided, That the notes of discount
or interest shall in no case exceed those established for the
regulation of the Bank of Mobile, by its charter.
Approved, February 24, 1860.

No. 314.] AN ACT

To Incorporate the Eureka Mining and Manufacturing

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,

That A. C. Austin, G. W. Knight, James Cox and A. W.
Harris, their associates and successors, are hereby constitu¬
ted a body politic and corporate, by the name and style of
the “ Eureka Mining and Manufacturing Company,” for the Nftme
purpose of mining and transporting coal, iron or other min¬
eral ; also, lumber, and vending the same, and for such pur¬
poses, may erect all necessary buildings and other fixtures
for carrying on their operations, as well as for building all
such roads as the directory, hereafter to be named, may
deem necessary to transport their coal, minerals or lumber
to market, and by that name may sue and be sued, plead
and be impleaded, appear, prosecute and defend in any p o*ers.
courts of law or equity whatsoever, in all suits and actions,
may have a common seal, and the same may alter or amend
at pleasure; hold, mortgage, transfer and convey any real
or personal estate.

Sec. 2. Be it farther enacted, That the capital stock of
said company shall be fifty thousand dollars in shares of tea
dollars each, and may increase from time to time in such ^
mode and upon such conditions as stockholders owning or
representing a majority of shares may determine: Provided,
said capital stock at no time exceed two hundred thousand
dollars; that the first meeting called of said corporation
may be by an y three persons named in this act, at such time ro ' 1 e<
and place as they may select, and at such meeting a Board
of Directors shall be chosen among the stockholders by the
vote of a majority of the stockholders present at such meet¬
ing, and such Board of Directors shall take charge of the
operations of the company subject to such rules and regu¬
lations as may be adopted by the stockholders, and said
Directors shall hold their office for one year, or until their
successors are appointed, and may adopt such by-laws and

1859-m

456

regulations for the government of the concerns of the com¬
pany as may be deemed expedient, not inconsistent with
the rules made by the stockholders as aforesaid, nor with
the constitution of the United States or the State of
Alabama.

Sec. 8. Be it farther enacted , That the Directors shall cause
a book to be kept containing the names of all persons who
Book to be kept. are stockholders of said company, showing their places of
residence and the number of shares of stock held by each
respectively, and the time when they became the owners of
said shares, and the amount of stock actually paid in, which
book snail, during the business of each secular day, be
opened at the place of business of said company for the
inspection of stockholders and creditors of the company,
and their representatives.

Sec. 4. Be it further enacted , That the said corporation
may divide their original stock into such number of shares,
and provide for the sale and transfer thereof in such man-

•hlrea &c Ck iat ° ner an( ^ f° rm ^ ^ey raa y deem expedient, and may levy
siiart% aD( j collect assessments, may forfeit and sell the shares of

delinquent stockholders, declare and pay dividends on the
shares in said mines in such manner as their by-laws may
direct, and that nothing but money and mining property
shall be regarded as a basis for capital stock.

Sec. 5. Be it further enacted , That all the stockholders
not having paid their stock according to the terms of sub¬
scription shall be individually liable to the creditors of the
company to the amount unpaid, and in like manner shall
the Directors be liable individually for any amount they
may declare and authorize to be paid to the stockholders as
dividends. When the company shall be unable to pay all
the debts due by it, to avoid such liability on his part, the
Avoided by ai- dissenting Director shall enter, or cause to be entered on
rector. the minutes of the board his dissent thereto, or, if not pres¬

ent when the act is done, be shall so record, or cause to be
recorded, his dissent thereto, within thirty days after such
dividend shall be declared or authorized.

Sec. 6. Be it further enacted , That the said company
shall not contract any debts over and above the amount ot
capital stock paid in, no part of which shall be withdrawn
from the company without the consent of three-fourths of
the stockholders.

Sec. 7. Be it further enacted. That the corporation shall
have power to erect mills, buildings, &c., for manufacturing
and making lumber.

Liability of
stockholders.

Of directors.

Debts.

Mills, Ac.

457

Sec. 8. Be it further enacted , That this law shall take
effect immediately after its passage.

Approved, January 26, 1860.

No. 315.] AN ACT

To Incorporate the Tennessee Valley Agricultural and
Mechanical Association.

Sec. 1. Be it enacted hy the Senate and House of Represent¬
atives of the Stote oj Alabama in General Assembly convened\

That O. O. Nelson, A. M. Barclay, F. E. Vinson, Charles
A. Toney, David Deshler, Fountain Armistead, William Names of 0 <Hr P°*
Simpson, EL J. Pride, John L. Hobgood, William M. Jack-
son, William H. Key, James Jackson, and their associates,
are hereby made and created a body corporate, by the
name of the “Tennessee Valley Agricultural and Meehan- Nameand
ical Association,” and said association, by its corporate amean 8 e *
name, may sue and be sued, plead and be impleaded in any
manner of suit, either in law or equity, may have and keep
a common seal, and the same alter, amend or break at
pleasure, may adopt such a constitution and by-laws as the
association shall see fit to promote the interest and prosper¬
ity of the same, and shall have power to do and perform all
acts incident to bodies corporate.

Sec. 2. Be it further enacted. That the said association is May own prop-
hereby authorized and empowered to hold and possess in erty *
its corporate name and capacity, real and personal prop¬
erty, to the value of twenty thousand dollars, and to im¬
prove the same in such a manner as will suit the interest
and convenience of the association.

Approved, December 15, 1859.

No. 316.] AN ACT

To revive an act incorporating the Bibb county Steam Mill

Company.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly convened ,
That the act of February 10th, 1852, entitled “ An Act to

I860-60.

458

confirm and amend the charter of the Bibb county Steam
Mill Company,” is hereby revived, and that John W. Laps-
ley, Fdvvard T. Watts, N. H. B. Dawson and Augustus F.
Woodson, aie authorized to proceed under said act of incor¬
poration.

Approved, February 25, 1860.

No. 317.] AN ACT

To Incorporate the Grand Lodge of Free and Accepted
Masons of the State of Alabama and the subordinate
Lodges under its jurisdiction.

Names of corpo¬
rators.

Name.

Powers.

May charter sub
ordinate lodges.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General A ssembly convened ,
That K. H. Ervin, S. F. Hale, H. S. Shelton and J. A.
Whitaker, and their successors in office, be, and they are
hereby incorporated by the name of the Most Worshipful
Grand Lodge of Free and Accepted Masons of the State of
Alabama, and by that name shall have capacity to sue and
be sued, plead and be impleaded in any and all of the eouris
of this State, to contract and be contracted with, to have a
common seal, and to alter the same at pleasure, and the said
Grand Lodge through its four principal officers, shall have
perpetual succession and may grant dispensations and char¬
ters to subordinate lodges, to be subject to and under its
masonic jurisdiction, and make, ordain and establish its con¬
stitution, by-laws, rules and regulations, not inconsistent
with the constitution or laws of this State or of the United

Own real estate.

Erect storerooms
&c.

Collect and ap¬
ply revenue.

States, and may acquire, hold and enjoy so much real estate
as may be necessary for the erection of proper buildings
and offices, not to exceed ten acres, for carrying on and
conducting its business; and in the erection of its lodge
rooms, may erect store-rooms or offices in the lower stones
thereof, and rent out the same and collect the rent, and hold
or loan the same out as the said Grand Lodge may desire,
subject to the regulations hereinafter prescribed.

Sec. 2. Be it further enacted , That said Grand Lodge
shall have power to collect its revenue and to apply the
same according to the ancient customs of the order, or may
loan out the same for the purpose of aiding in benevolent
enterprises, or for the purpose of accumulation: Provided >
That the funds in money or choses in action shall not exceed
in available assets the sum of fifty thousand dollars at any

459

1859-'60,

one time, and shall not be loaned upon usurious interest, nor
shall the funds or accretions thereof be used otherwise than
for the payment of the expenses of said Grand Lodge and
for charitable purposes, and being thus set apart, the same
shall not be liable to taxation.

Sec. 3. Be it further ena<ted } That all contracts made or
obligations assumed heretofore, which are not inconsistent
with the laws of the land by said Grand Lodge under the^devau’d * c
former act of incorporation of said Grand Lodge, passed
June 16th, 1821, or acts amendatory thereof be, and the
same are hereby made valid and binding upon said Grand
Lodge as organized under this charter, and that the accep¬
tance of this charter by a resolution of said Grand Lodge,
shall be all that is required to complete its organization
under the same.

Sec. 4. Be it further enacted , That the three principal
officers of each subordinate lodge under the jurisdiction of
the said Grand Lodge and their successors in office, be, and
the same are hereby created a body politic and corporate, Subordinate
so far as to enable them for each of their respective iodg* s, lodges incor-
to receive, hold and enjoy, possess and retain, property both porated *
real and personal, not exceeding in value the sum of twenty-
five thousand dollars, and to sell, alien or lease the same in
any manner deemed advisable by said subordinate lodges,
and which said several subordinate lodges shall be, and are ”ty. ° wn pr ° r
hereby incorporated by the name specified in the charter .
or dispensation granted by the said Grand Lodge to each of
them respectively; which said charters or dispensations
whether granted heretofore or hereafter by said Grand
Lodge, shall be evidence of the fact of incorporation under
this act, in any court of this State without further proof,
and by such name, said subordinate lodges may sue and be
sued, plead and be impleaded, and do all things enjoined
by the said Grand Lodge, not inconsistent with the consti¬
tution or laws of the land, and within the scope and pur¬
view of the powers hereby conferred upon said Grand Lodge,
and the said subordinate lodges respectively shall retain
their said corporate powers so long as the said Grand Lodge
shall continue their respective charters or dispensations, but
shall cease to possess any corporate existence when the
charter or dispensation shall have been revoked or taken
away by said Grand Lodge, and all the effects of such sub¬
ordinate lodge as may forfeit its charter or dispensation,
shall belong to the said Grand Lodge, and each subordinate
lodge shall have the same powers with respect to its assets

460

Exempt from
taxation.

Name,

as are conferred Ly the second section of this act, upon the
Grand Lodge.

Sec. 5. Be it further enacted, That the said Grand Lodge,
and each subordinate lodge under its jurisdiction, shall have
respectively, power to receive by gift, grant, contract, devise
or donation by will, subscription or otherwise, any personal
or real estate not exceeding in value the sum herein above
mentioned as the maximum of their assets respectively, and
shall have power to sell, alien or dispose of the same, and
that no such gift, grant, contract or devise, or donation by
will, subscription or otherwise shall fail by reason of any
misconception in the name of such corporation, and that all
contracts or agreements which may have been lawfully
entered into by said subordinate lodges under their organi¬
zation heretofore, shall be binding upon them in their
several corporate capacities under this act, and the same
may be enforced by them respectively, and the property
and effects owned by them, being dedicated to charitable
purposes only, shall be exempt from taxation.

Sec. 6. Beit further enacted, That this act shall he deemed
and taken as a public act, and notice thereof shall be taken
in all the courts of justice and elsewhere in this State, and
shall be given in evidence on any trial of any issue or cause
without special pleading.

Sec. 7. Be it farther enacted, That all laws and parts
of laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, December 9, 1859.

No. 318.] AN ACT

To Incorporate the Bienville Hotel Company of Mobile.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened ,
That William Jones, Jr., Jonathan Emanuel, John A. M.
Battle, William D. Dunn, Newton St. John, William F.
Cleveland, Duke W. Goodman, Robert A. Baker, Henry A.
Shroeder, and their assoc ates and successors, be, and they
are hereby declared to be, a body politic and corporate by
the name and style of the Bienville Hotel Comnany of
Mobile; and by that name and style, may sue and oe sued,
have a corporate seal, and make and establish by-laws for

461

1859-60.

the government of said corporation, and alter the same at
their pleasure.

Sec. 2. Be it further enacted^ That the capital stock of
said company shall consist of not less than fifty thousand Capitalgtock<
dollars nor more than five hundred thousand dollars,
divided into shares of one hundred dollars each ; said
stock shall be deemed and taken as personal property,
and be transferrable, as said corporation by its by daws
may direct ; but no shareholder indebted to said corpor¬
ation shall transfer or assign his stock, or receive any
dividend thereon, until such debt be paid or secured to
the satisfaction of the President and Directors of said cor- LiabiIitIe3>
poration. Shareholders shall be liable for the debts and
engagements of the corporaton, only to the amount of
the stock they may respectively own.

Sec. 3. Be it further enacted , That for the purpose of Mal ? n . er of or *
organizing said corporation, it shall be competent for any gamzin? *
three of the persons in the first section of this act named,
after public advertisement in some newspaper published
in the city of Mobile, of the time and place of so doing
lor the space of five days, to open books of subscription
to the capital stock of said company. All subscriptions
to said stock shall be payable according to the terms that
may be agreed on between said corporators, and said
subscribers, and the several subscribers shall be liable to
the corporation and the creditors thereof for the amount
of their respective subscriptions, .and may be sued for
the same.

Sec. 4. Be it further enacted, That said books of sub¬
scription shall remain open for the space of sixty days, at
the end whereof if the sum of fifty thousand dollars have Election,
been subscribed, or more, said corporators shall call a meet¬
ing of the subscribers, giving at least one days notice of the
time and place of such meeting, for the purpose of electing
the officers of said company. If the sum of fifty thousand
dollars be not subscribed at the end of the time above named,
said corporators may extend the time of subscription at
their pleasure till such amount be subscribed.

Sec. 5. Ik it further enacted , That at the meeting of
subscribers held under authority of the proceeding section,
there shall be elected by said subscribers, a majority of
tho-e attending, seven Directors who shall hold their office
for the space of one year, and till their successors are elec
ted and qualified. Said Board of Directors shall at sonv
convenient time, out of their number elect a President c
said corporation and also a Treasurer, who shall hold thei

1859-’60.

462

Way make in¬
vestment, Ac.

Open books.

offices for one year, and till their successors are elected and
qualified. At all meetings of stockholders, and all elections
by them, each share of the capital stock shall entitle its
holder to one vote, to be cast either personally or by proxy.

Sec. 6 . Be it further enacted , That said President and
Directors shall have power to manage the affairs of said
corporation, and to elect and appoint such other officers,
agents and servants as the business of the corporation may
require. A majority of said Board of President and Direc¬
tors shall at all times be a quorum for the transaction of
the business of the corporation.

Sec. 7. Be it further enacted , That the said corporation
is hereby authorized and empowered to purchase and hold
estate, real and personal in the city of Mobile, and upon
such real estate may erect a building for the purpose of a
hotel or inn, with stores or shops, to be rented to such tenant
or tenants, and on such terms as to said corporation may
seem proper, and for this purpose said corporation is hereby
authorized to invest its capital in such real and personal
property in the city of Mobile as it sees fit, and as may be
necessary and convenient for the building, erecting, fitting,
furnishing and equipping such hotel or inn. Said corpor¬
ation is hereby authorized to take up and borrow any money
or moneys in such sum or sums as said Directors may
determine, to be employed in building, erecting, fitting,
furnishing and equipping such hotel or inn ; and is author¬
ized to secure the payment of the money so borrowed, by
notes or obligations of the company over the hand of its
President and Treasurer; but such notes or obligations
shall not be issued for less sums than two hundred and fifty
dollars each, and may be secured by ph-dge or mortgage
upon the property of said corporation either in whole or m
part, and in such form as said corporation by its Board of
Directors and the said lenders may agree. And generally
said corporation is hereby authorized to make such contracts
and engagements, and do all things necessary and proper
to the profitable performance of the business hereby autho¬
red not inconsistent with this act, and the laws of the State
of Alabama.

SEC. 8. Be it further enacted , That said Board of President
and Directors shall cause to be kept a regular record of
their proceedings, and also proper books of account, show¬
ing all the transactions of said company. Said Directors
may call a meeting of the shareholders whenever they deem
the same expedient and report fully to such meetings the
condition of the business and affairs of said corporation.

463

1869- # 60.

Such meetings shall be called and such reports made at
least quarter-yearly, during the time of building said hotel. Report*, &c.
Regular minutes of the proceedings of all meetings of the
shareholders shall be kept and signed by the Chairman and
Secretary thereof, which sh 11 be deposited for preservation
with the Treasurer of the company. The minutes of the Minutes kept
Board of Directors, and of the meetings of the stockhol- open ‘
ders, shall at all times be open to the inspection of the
shareholders of the company.

Sec. 9. Be it farther enacted , That all vacancies in the
Board of Directors occurring during the time for which they Vacanctes flUcd *
may have been elected, shall be filled by the remaining
members of the Board. Said Directors and all officers upon Duty of direct’™,
going out of office shall account with their successors and
pay and deliver to them all moneys, books, assets and prop¬
erty of the company in their possession. After the erection
of the hotel and buildings contemplated by this act, it shall Dividend,
be the duty of the Directors to make semi-annual dividends
among the stockholders, of so much of the profits earned,
as can be spared from the business of the company.

Approved, February 15, 1800.

No. 319.] AN ACT

To Incorporate the “ Mobile Hebrew Relief Association.”

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That B. L. Sim, Isaac Goldsmith, Joseph Aaron, S. Fll-
mann, M. Goldsmith, Joseph Stein, J. Rosenthal and J. B. ^ a t ™ e 3 * of corpo
Schuster, of the city of Mobile, and their associates and
successors, be, and are hereby constituted a body corporate Name and style,
and politic, by the name and style of u Mobile Hebrew
Relief Association,” and by that name they shall have full
power and authority to have and use a common seal, to
br;ak and renew the same at pleasure, to sue and be sued, Power-
plead and be impleaded, to receive donations and make pur¬
chase of property, which enure to them and their succes¬
sors in office, and to hold real and personal estate, not to
exceed over fifty thousand dollars, exclusive of the inconv
derived from dues and initiation fees, and to pass such b;
laws, rules and regulations as may not be inconsistent wi’
the constitution and laws of this State, or of the Unit
States.

1859-*60.

464

Sec* 2. Be it further enacted , That said corporation shall
consist of one President, one Vice-President, one Secretary,
one Treasurer and seven Trustees, to be elected in such
officers. manner, and hold their offices upon such conditions and for
such length of time, as they, the corporation, shall pre¬
scribe in their constitution and by-laws.

Approved, February 15, 1860.

No. 320.] AN ACT

To Incorporate the Samaritan Society of Mobile.

Sec. 1 . Be it enacted by the Senate and House of Represent -
NamM f atives of the State of Alabama in General Assembly convened ,
rators! corp °‘ That Daniel McNeil, William Stewart, Daniel Wheeler, H.

V. H. Vorshees, G. Horton, R. C. Cunningham, William
Barnewall, Jr., H. A. Lowe, John Wylie, William P. Ham¬
mond, of Mobile, and their associates, who have associated
themselves for charitable and benevolent purposes, and the
relief of the sick and destitute, within the limits of the
city and county of Mobile, under the name of the Samari¬
tan Society of Mobile, and their successors, be, and they
are hereby declared to be a body politic and corporate,
under the name and style aforesaid, and shall have all the
powers, righis and privileges necessary to carry out the
objects of their association.

By*iaws. Sec. 2. Be it further enacted , That said corporation may

adopt such constitution and by-laws and, from time to time,
change the same as said body may see fit and necessary for
the purposes of the said association, not inconsistent with
the laws of this State.

Sec. 3. Be it further enacted, That said corporation may
erty. own prop * hold real and personal property, and receive property, real
and personal, and moneys by gift, devise, bequest or other¬
wise, and may invest and use the same for the purposes of
the said corporation, and may exercise such other powers
as are incident to private corporations and necessary for the
benevolent purposes of its organization.

Approved, February 23, 1860.

465

1859-60.

No. 821.] AN ACT

To Incorporate the Mud Creek Camp-Ground, in Cherokee

county.

Sec. 1. Beit enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly, convened,

That Toliver Spann, John Chapman, Wrn. N. Burnard, N. • ofpo ’

C. Cook, G. W. Newbery, W. Keller and E. A. Howell, their
associates and successors in office, be, and they are hereby
constituted and declared a body corporate, by the name and
style of the Trustees of the Mud Creek Camp Ground, and NaDaeand
by that name they may sue and be sued, plead and be im¬
pleaded, answer and be> answered unto, in all kinds of ac¬
tions, both in law and equity; may receive donations, pur¬
chase property of any kind, whether real or personal, or
mixed, the same to hold, use and dispose of at pleasure,
and to have and use a common seal; they shall further be
empowered to make such rules, regulations and by-laws for
the good government of said camp-ground as may be neces- By-iaw*. Ac.
sary, the same not being repugnant to the constitution or
laws of this State.

Sec. 2. Be it further enacted , That it shall not be lawful
for any person or persons to sell spirituous liquors or wines spirituous ifqu*r»
at any point within ono mile or less of said camp-ground, nottobe 80ld *
except for medicinal purposes, and if any person or per¬
sons shall sell spirituous liquors or wines in violation of the
provisions of this section, he shall be subject to indictment,
and, on conviction, may be fined in a sum of not less than^ 11 * 1 * 7,
one hundred nor more than five hundred dollars for each
and every such offense, and imprisonment at the discretion
of the court.

Approved, February 23, 1860.

No. 322] AN ACT

To Incorporate the Greenville Hotel Company in the

County of Butler.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Slate of A labama in General Assembly, convened ,
That Daniel G. Dunklin, Joseph M. Parmer, Charles Lin-
thacum, Louis Ilarral and J. B. Burnett, their present and
30

466

1859-

Name.

Capital.

Powers.

Quorum.

Directors.

Election.

Transfers.

Provided.

60.

future associates, are hereby declared and constituted a body
corporate, by the name of the Greenville Hotel Company,
for the purpose of owning and being the proprietors a
public hotel, in the town of Greenville, in the county of
Butler.

Sec. 2. Be it further enacted, That the capital of said
corporation shall be twenty-five thousand dollars, or less
than that amount if the managers thereof shall so decide,
to be divided into shares of two hundred and fifty dollars
each.

Sec. 3. Be it further enacted , That said company shall be
capable of purchasing and holding all such real and personal
property as may be necessary to carry out the objects of
said company into full force and effect.

Sec. 4. Be it further enacted , That said corporation shall
have the power of contracting and being contracted with,
and suing and being sued, in and by their corporate name,
in any and all the courts of law and equity, and shall have
a common seal, which they may alter at pleasure.

Sec. 5. Be it further enacted, That the property and
business of said corporation shall be managed by four Direc¬
tors, a majority of whom shall constitute a quorum for the
transaction of business, and from among themselves they
shall elect a President, Treasurer, and such other officers as
they may determine to have, for the management of t'he
business of said corporation.

Sec. 6. 1Be further it enacted , That the persons herein¬
before named, shall be the first Directors of said corporation,
and shall continue in office until their successors are elected.

Sec. 7. Be it further enacted, That there shall be an
election annually of four Directors, on the first Monday in
January, by the stockholders of said corporation, which
election shall be managed by the Directors then in office,
and in all such elections the stockholders shall be allowed
one vote for each share owned in said corporation.

Sec. 8. Be it further enacted, That the stock of said com¬
pany shall be-assignable and transferrable in such manner
as the President and Directors may prescribe: Provided , That
no stockholder indebted to said corporation, shall assign
his stock, or receive any dividends thereon, until such debt
has been paid or arranged to the satisfaction of the Direc¬
tors.

Sec. 9. Be it further enacted, That all subscriptions for
stock heretofore made, shall be good and valid, and may
be collected by suit or otherwise by this corporation in its
corporate name, whether so made payable or not, and the

467

1859-m

President and Directors shall have the power to call in the
stock at such times and in such amounts as they may deter¬
mine.

Sec. 10. Be it furthef enacted , That the President and
Directors shall have the power to adopt such by-laws for
the government of said corporation not inconsistent with
the laws of the State* as they may deem proper.

Approved, February 24,1860.

No. 323.] AN .ACT

To Incorporate the Talladega Marble Company.

Sec. 1 . Be it enacted by the Senate and House oj Represent¬
atives of the State of Alabama in General Assembly , convened ,

That Edward Gantt, John M. M. McClannahan and John Naroe
F. Conaley, and their associates and successors, are hereby
created a body corporate by the name of the “ Talladega
Marble Company,” and by that name may Bile and be sued
in any courts of this State, and may own real and personal CapItal gtocV .
property of any kind; and they may have a capital stock
of one hundred and fifty thousand dollars, to be divided
into shares of one hundred dollars each.

Sec. 2. Be it further enacted , That said stockholders may Board of direc
elect a board of Directors of three or five persons by ballot, tors,
each stockholder giving one vote for each share of stock.

Said Board of Directors may hold their office for one year
and until their successors are duly elected and qualified,
and said Board may establish such rules and by-laws, and
appoint such officers as they may think advisable, not incon¬
sistent with the constitution and laws of this State or of the
United States.

Approved, February 24, 1860.

No. 324.] AN ACT

To Incorporate the Limestone County Stock, Agricultural
and Mechanical Association.

Sec. 1 . Be it enacted by the Senate and House of Bepresen -
a lives of the State of Alabama in General Assembly, convened ,

That Porter Bibb, Levin P. Foote, Ben. Maclin, William of

468

Name.

Powers.

Meetings-

called.

Election.

Power of
tors.

Presley, W. Tanner, Henry W. Kimbell, J. Haywood,
Jones, John R. Harris, John N. Malone, E. J. G. Betts,
William Baugh, Dr. T. S. Malone, A. C. Legcr, Thomas
Reed us, John'T. T anner, John R. Mason, Richard W.
Yasser, and James W.S. Donnell, and their associates, are
hereby constituted and made a body corporate by the name
of the Limestone County Stock, Agricultural and Mechan¬
ical Association, and by that name may sue, and be sued
in any of the courts of this State, or elsewhere, may have
and use a common seal, may adopt such a constitution and
by-laws as the association may deem proper to promote the
interest and for the good government of the sune, and
further, may do all things not contrary to law, which may
be necessary and proper to accomplish the objects of the
association.

Sec. 2. Be it further enacted , That said association is
hereby made capable of receiving donations, and authorized
and empowered to purchase, own, have and hold, lease,
sell and convey real, personal and mixed property, in its
corporate name, and improve the same in such a way as
will best suit the interest and convenience of the associa¬
tion.

■how Sec. 3. Be it further enneted , That as soon as the sum of
ten thousand dollars shall have been subscribed upon the
stock books of said association (for the opening of which
authority is hereby given), any three or more of the cor¬
porators aforesaid, shall have power to call a meeting of
the stockholders at such time and place as they may ap¬
point, by giving ten days notice, by publishing the same
in any newspaper printed in the town of Athens, Lime¬
stone county, Alabama, and at such meeting the stockhol¬
ders or a majority of them in value, shall elect nine Direc¬
tors by ballot, to manage the affairs of said association, any
three or more of the corporators aforesaid, shall be judges
of said first election of Directors, and the Directors thus
chosen shall elect from among themselves a President, and
allow him such compensation as they may deem proper,
and each stockholder shall in the elections of said associa¬
tion , be entitled to one vote for every share owned by him,
and shall have power to depute in writing any other per¬
son to vote and act for him as his proxy.

dinc _ Sec. 4. Beit further enacted , That said Directors thus ap¬
pointed, shall have power to appoint all such officers,
agents and servants as they may think the interest of the
association demands, and shall have the power to remove or
dismiss them at pleasure, and to pay them such compensation

469

1859-TO.

as they may think proper, and to fill vacancies, however
occasioned in their own body, and to continue to act until
their succesors shall have been appointed and qualified to
take their places according to the constitution and by-laws
that may be established by said association.

Sec. 5. Be it farther enacted , That a share in the capi- Price r er share -
tal stock of said association shall be twenty five dollars.

Sec. 6. Be it farther enacted , That said association shall
have the power to establish fair grounds, erect all such
buildings and fences as they may think proper, and may
establish such tolls, fees and charges for all persons, prop¬
erty or thing, visiting or being carried in the same, and full
authority and power is hereby given said association in its
corporate capacity to demaud, have, sue for and collect the
same in any of the courts of this State.

Sec. 7. Be it further enacted , That the President and Di¬
rectors shall have the power to require the stockholders of installment,
said association to pay such installments or portions ofth ir
respective shares of stock in said association, and at such
time and place as they may think the interest of the asso¬
ciation demands: Provided , thirty days notice thereof,shall
be given in some newspaper published in the town of
Athens, Limestone county, Alabama, and upon the refusal
or failure of any subscriber or stockholder to pay the amount
on his or their stock in pursuance of any call made by the
President and Directors aforesaid, said subscribers shall be
liable to be sued, and full power and authority is hereby
given to the said President and Directors, in the name of
said association, to sue and recover and collect of any de¬
faulting stockholder in said association the full amount of
any and all installments, or parts of their subscription afore¬
said, in any of the courts of this State, together with all
the rights and remedies known to the law for the enforce¬
ment of contracts.

Appuoved, December 5, 1859.

No. 325.] AN ACT

To Incorporate the Trustees of the Methodist Episcopal
Church South, at Montgomery.

Sec. 1. Be it enacted by the Senate and House of Represent -
aiives of the State of Alabama in General Assembly convened ,

That Jack Thorington, Richard Jones, John Powell, Joh h Corporator

1859-’60.

470

Nickells, Henry W. Hilliard, Robert Parker, and A. J.
Noble, elected trustees of the Methodist Episcopal Church,
at Montgomery, their associates and successors be, and are
hereby incorporated into a body politic and corporate, by
the name and style of the Trustees of the Methodist Epis¬
copal Church South, at Montgomery,” and by that name
may sue and be sued, contract and be contracted with, be
entitled to exercise and enjoy all the privileges, benefits
and immunities, and be subject to all the liabilities of cor¬
porations, that in said corporate name they be, and are
hereby authorized to have and to hold all property, real
and personal and mixed, not exceeding in value one hun¬
dred thousand dollars.

Sec. 2. Be it further enacted , That the said trustees,
their associates and successors in office, be, and are hereby
authorized to receive and hold by gift, devise or otherwise,
any and all of such property, real and personal now held
by and belonging to said church, within the corporate
limits of the city of Montgomery, to be held in perpetuity
for the use and benefit of the Methodist Episcopal Church
South.

Approved, January 25, 1860.

No. 326.] AN ACT

To Incorporate the Eastern Shore and Mobile Steamboat

Company.

Sec. 1. Be it enacted hy the Senate, and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That William Hutson, A. E. Ledyard, Abner Jones, Jr.,
James Brainerd, James Bruce, A. M. Elgin, J. C. Guinn,
I). W. Goodman, and their associates and successors, be,
and they are hereby declared to be a body politic and cor-
Name and style, porate, by the name and style of the Eastern Shore and
Mobile Steamboat Company.

Sec. 2. Be it further enacted , That said company is here¬
by authorized and empowered to build, purchase, hire,
charter or obtain one or more boat or boats, or vessel to be
Powers, propelled by steam or any other motion or power that said
company may see fit to employ, and to run, use and employ
such boat or boats, or vessel in navigating the waters of
Mobile river and bay, and between the city of Mobile and
any other point or points in the county of Baldwin, and else-

4T1

1859-’60.

where: Provided , the capital stock of Baid company or the
property owned by the same do not exceed the sum of
one hundred thousand dollars, and said company is author-
ized to engage in the business of transportation of passen- Provided>
gers and merchandise for hire on and upon its said boats or
vessels.

Sec. 3. Be it further enacted , That the capital stock of
said company shall be deemed and taken as personal pro- Capital gtock
perty, and may be of such an amount not exceeding one
hundred thousand dollars,as said corporation may see fit. Said
stock shall be divided into such shares, and the sameshall be
transferable, and the business of said corporation shall
be managed by such officers, and in such way as said cor¬
poration by its by-laws may declare and determine, and
from time to time appoint. The said shareholders shall be
liable for the debts, engagements and liabilities of said cor-labilities,
poration only to the amount of their respective shares in
said company, and generally said corporation shall possess
all power necessary to carry on and conduct the business
hereby authorized, which shall be confined to the objects
mentioned in the second section of this act.

Approved, January 25, 1860.

No. 327.] AN ACT

To Incorporate the Mobile and Ohio Telepraph Company.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly , convened ,

That R. A. Baker, C. R. Foote, C. J. McRae, L. J. Flem¬
ming, L. B. Moody, A. S. Humphreys, and R. B. Hunt,
or any four of these, and those whom they may associate Name,
with them and their successors, be, and they are hereby
declared to be a body politic and corporate, under the name
and style of “ The Mobile and Ohio Telegraph Company,
and as such corporate body they shall have power,

1. To have succession by its corporate name, and make
contracts.

2. To sue and be sued.

3. To use a common seal, and to alter the same at power '
pleasure.

4. To hold, purchase, dispose of and convey real and
personal estate to such amount as its business may require.

5. To appoint such subordinate officers and agents as the

1859-’60.

472

Oapital stock.

Directors.

business of the corporation shall require, prescribe their
duties and fix tbeir compensation.

6. To make by-laws, not inconsistent with any existing
law for the transfer of its stock, the management of its pro-
perty or regulation of its affairs.

Sec. 2. Be it further enacted , That the said corporation
shall have power to cause to be erected, kept up and used
one or more telegraph lines of such description as they may
from time to time think proper, along the route of the
Mobile and Ohio railroad and its branches, or any part
thereof, with all stations and appurtenances for the use of
said railroad and branches, and for the use of the public
generally, under such rules and regulations as may be
deemed expedient, and at such rates of compensation as
may be agreed on, and for that purpose said corporation
may use such amount of capital as may be needed to carry
on said business.

Sec. 3. Be it further enacted, That the capital stock shall
be held in shares of one hundred dollars each, and the
number of shares may be increased or diminished from
time to time, as may be deemed expedient, and as its
business may require.

Sec. 4. Be it further enacted, That the stockholders shall
annually elect live Directors, who shall manage all the
affairs of said corporation, one of whom shall be selected
by the Directors as President of the corporation, and in all
such elections each share of stock shall entitle the holder

to one vote, all vacancies to be filled by the Directors.

Sec. 5. Be it further enacted , That the Mobile and Ohio
railroad company shall have power and authority to sub-
Baiiroad comp’y scribe for and hold stock in said corporation, and to con-
may take stock. tfact anc j a g ree w ith said telegraph corporation for the
erection, keeping up, using and transacting the business of
telegraphing, and to agree with the said telegraph corpora¬
tion for the transmission of its dispatches and telegraph
business on such terms as the two corporations may agree
on, and they shall have power to contract with each other
for that purpose : Provided , That the said Mobile and Ohio
shall have pre -railroad and branches shall always have the preference in
ference. point of time, whet, there may be a press of business over
others for the transmission of its dispatches, and all need¬
ful regulations may be made by said two corporations to
accomplish the object herein provided,
office to be in Sec. 6. Be it further enacted, That the office of said
Motue. corporation shall be located at Mobile, where all dividends

shall be paid, and books of transfer of stock shall be kept.

473

l$59-'60.

Sec. 7. Be it further enacted , That said corporation
shall have power to contract for all connections with other
lines, in or out of this State, they may think proper, and to
purchase or build sttch connecting lines extending to any
place they may deem advisable, and may enlarge tbeir
capital at any time for that purpose.

Sec. 8. Be it further enacted , That every person who shall
destroy or commit a trespass upon the fixtures of said cor-J££ ,,3r of ***
poration created in pursuance of the authority* hereby
given, actually interrupting or with intent to interrupt the
the operations of the telegraph, shall pay to the said corpo-
poratton five hundred dollars for such offense, and shall be
further liable for all damages which the said corporation
may suffer in repairing the injury and the interruption of
their business, to be recovered in any court having juris¬
diction of the same, and shall be further liable to indictment,
and on conviction, be fined not leBs than one hundred
dollars, or imprisoned not less than thirty days, at the
discretion of the jury trying the same, and if any person
incurring the penalty aforesaid, shall through insolvency
or other cause be unable or shall fail to pay the damages
aforesaid, and shall a second time destroy or commit a
trespass upon said fixtures, he shall bo subject to irnpris- j r e ° r c * ec<md of *
onment not less than one month nor over twelve months, en
in the county jail or State prison, at the discretion of the
jury trying the same, on conviction thereof before any court
of competent jurisdiction.

Approved, December 14, 1859.

No. 328.] AN ACT

To Incorporate the Alabama Sewing Machine Company.

Sec. 1, Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That l3uke W. Goodman, Hubert A, Baker, Charles P. Gage, Names of corpo-
Charles W. Gaggom, Price Williams, Alexander McKins- rator8 ’
trey, Jones M. Withers, Chancey Barnes, and their asso¬
ciates and successors, be, and they are hereby constituted a
body politic and corporate, under the name and style of the
Alabama Sewing Machine Company, and by that name and Namo *
style may sue and be sued, contract and be contracted with,
have, hold, possess, take and enjoy, by purchase or other¬
wise, real and personal property, and make such by-laws

1859-m

474

and ordinances as they may find necessary for the govern¬
ment of said corporation, not contrary to the laws of this
State or of the United States.

Capital stock. Sec 2* Be it further enacted , That the capital stock of sai$
corporation shall not exceed one hundred thousand dollars,
which shall be divided into shares of such sums as the said
corporation may determine, and shall be held and taken as
personal property; said corporation may commence oper¬
ation when the sum of twenty-five thousand dollars shall
have been subscribed to its stock.

Books opened.

Sec. 3. Be it further enacted ) That said corporation shall
poration. ° f cor P ovver engage in, and carry on the manufacture of
sewing machines in all the branches be^nging to said busi¬
ness, and for this purpose may make all necessary contracts
and purchase and hold any and all patent rights it may
deem necessary, and may engage in and carry on the man¬
ufacture of articles in metal and wood.

Not to taue notes , 4 ‘, Be {t f wther enacted, That said corporation

to circulate as shall not have power to put in circulation any note, bond,
mori£F ‘ contract or obligation as money, or to lend its notes or
obligations.

Sec. 5. Be it further enacted , That the said parties in
the first section of this act named, their associates or suc¬
cessors, may, for the purpose of organization, cause books
lor subscription to the capital stock of said corporation to
be opened at such times and places as they see fit, and to
take subscriptions on such terms as to times and proportion
of payment as they may determine, the deferred payments
to be secured and paid as may be directed by the said cor¬
poration, after its organization. And for the purpose of
carrying out the purpose herein, said corporators above
named may appoint a committee, or agent, to obtain the
subscription aforesaid.

Sec. 6. Be it further enacted , That when the sum of
hoMer?called^" * weu ty' &ve thousand dollars shall have been subscribed, the
said corporators above named may call a meeting of the
subscribers to said stock at such time and place as they, or
a majority, may appoint, at which meeting, or any adjourned
meeting, said subscribers may organize the said company
and elect and appoint such officers and agents as they deem
fit, and prescribe their duties and ordain all proper by-laws
and rules, within the authority granted by this act for the
regulation and management of said corporation and its
business.

Appboved, February 23, 1860.

Officers, Ac.,
elected.

475

1859-'60.

No. 329.] AN ACT

To Incorporate the Huntsville Gas Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That the Huntsville Gas Light Company, incorporated on
the fourth day of April, 1856, under the provisions of chap- Body corporate,
ter third, title two, part first, of the Code of Alabama, be,
and is hereby declared a body corporate and politic, and
shall have continual succession under the name of the
Huntsville Gas Light Company, and by that name may Pre¬
contract and be contracted with, sue and be sued, plead and
be impleaded, in any court having jurisdiction of the sub¬
ject matter; may have and use, alter and renew at pleasure
a corporate seal, may purchase and hold in fee simple and
otherwise all property, real and personal, necessary and
proper for the purpose and business of said company, which
are by this act declared to be the manufacture of gas f° r Bnginegg#fco
the lighting of the town of Huntsville, and said company n * m
may alien, sell, rent, lease, or otherwise dispose of their
franchise property, real or personal, or any part thereof as
they may direct by the by-jaws.

Sec. 2. And be it further enacted. That the capital stock

J •, \ r ' / • . Stock Increased

of said company may be increased, from time to time, m
such mode and upon such conditions as such stockholders
owning or representing two-thirds of the shares may deter- provided,
mine: Provided , said capital stock shall at no time exceed
one hundred thousand dollars.

Sec. 3. And be it further enacted y That the officers of
said company shall consist of a President and five Direc- officers,
tors, all of whom shall be stockholders in said company,
and shall be elected annually by a majority of the stock,
but for want of said election the corporation shall not be
dissolved or suspended ; and said officers shall hold their
offices until successors are chosen, and the company
shall have power to increase or diminish the number of
Directors.

Sec. 4. And be it further enacted , That every stockhol- EIectIon *
der shall be entitled to one vote for every share of stock
owned in all elections, and in all matters acted on by the
stockholders in convention, and a majority of the votes
cast shall elect.

Sec. 5. And be it further enacted , That all elections shall
be by ballot, and any stockholder may vote by proxy, ap-,
pointed in writing; executors and administrators may con-

476

trol the votes of their testators or intestate?, and guardians
those of their wards.

Sec. 6. And be it further enacted , That the Board of (
vacancies mied.^rectors shall have power to till all vacancies which may
occur in their body, or in the office of President, Treasurer
and Secretary, and may exercise all powers and rights con¬
ferred on the company by this act, subject to such restric¬
tions ns may be imposed by the by-laws of said company,
a majority of the Directors, including the President or Pres¬
ident pro tern., whom the Board may appoint, in case of
need, from their own body or the body of stockholders,
Quorum. shall constitute a quorum for all purposes, and a majority
in interest of the stockholders shall be quorum for all

Dividends.

Books to be kept.

Officers.

By-laws.

Meetings of
Stockholders.

purposes.

Sec. 7. And be it further enacted , That the said Board of
Directors shall not have power, by any act of theirs, to
bind any stockholder beyond his stock and the issues and
profits thereof.

Sec. 8. And be it further eimcted, That the Board of Direc¬
tors shall declare and pay dividends as the company direct
to the stockholders, out of the profits of the business of the
company. They shall also keep, or cause to be kept, and
exhibited to the stockholders when required, proper and
regular books, showing all their transactions and the re¬
ceipts and disbursements of the companjq and shall make
out a complete account of their business and transactions,
when required by the stockholders.

Sec. 9. And be it further enacted , That the Board of Di¬
rectors may have power to appoint a Secretary and Treas¬
urer, and such other officers or agents as they may deem
proper to carry into effect the purposes of the corporation,
and may require of them such bond for the performance
of their duty as they may deem necessary.

Sec. 10. And be it further enacted , That the majority in
interest of the stockholders shall have power to make all
such by-laws as to them may seem proper for the control
and management of the business of said corporation, as
also for the control of the Board of Directors. The Board
of Directors may also make by laws for their own govern
ment, and all other lawful purposes not inconsistent with
the by-laws of the stockholders ; and a fifth part in inter¬
est ot the stockholders may at any time call a meeting of
the stockholders, upon giving twenty days notice of the
time, and a place of holding such meeting, by advertise¬
ment in one of the newspapers printed in Huntsville, and

477

1859-60*

any stockholder may be represented in any of the meetings
of the company, by proxy appointed in writing.

Sec. 11. And be it further enacted. That the Board of
Directors shall issue proper certificates of stock, and may stockcertificates
direct the manner in which the certificates may be assigned,
and annex such conditions to assignments as may be deemed
proper for the interests of the company. And all stock not
assigned in the manner required by the company shall be
liable for all debts due the company, by the persons owning
the same.

Sec. 12. And be it further enacted, That the stock of
the company shall be held to be personal property, and stock^pereona*
shall be subject to all the laws regulating the same, or shall p 0 er
be incident thereto.

Sec. 13, And be it further enacted , That said company
shall have authority to lay pipes along the streets of the ^
town of Huntsville, for the purpose of conveying and dis* ,pe8 ’ c ‘
tributing gas: Provided , That whenever the public high¬
ways of said town are broken up or otherwise disturbed by
the introduction of said pipes, as soon as practicable, shall
be repaired by said company and placed in as good condi¬
tion as they were before they were so disturbed.

Sec. 14. And be it further enacted. That the President and
Directors of said company may borrow money to carry in to May borrow
effect the objects of this incorporation, and to pledge the motjey *
property of the company for the payment of the same.

Sec. 15. And be it further enacted, That the said company
by its agents, officers and servants, shall have free access to
their metres whenever it shall be necessary to inspect them, ha™
to take statements of index for making out bills, or to refit
them. And any person hindering or obstructing wilfully
the free access aforesaid of said agents, officers or servants,
or any person who shall break, displace, damage or tamper
with said metres, gasometers, pipes or fixtures, or shall let on
or off, or shut offgas from the 9ame by any act or means, shall,
nn conviction of any or either of said acts or offences before
the mayor of Huntsville, who shall have jurisdiction ofPenaity.
the same, be fined in a sum not less than ten nor more than
fifty dollars, one-half to the use of the informer and the
other half to the use of said town, and upon failure to pay
said fine the offender shall be imprisoned as other offenders
in like cases are authorized to be imprisoned by the laws
and regulations of said town : Provided, That any person
convicted as aforesaid shall have the right to take the cause
before the next Circuit Courtof Madison county, by appeal, A p*»ai,

1859-m

478

to be granted as provided by the Code in civil case, and
shall also be subjected to the company for damages.

Sec. 16. And be it farther enacted , That this act shall not
take effect until accepted by two-thirds in interests of the
stockholders of said company.

Approved, February 21, 1860.

No. 830.] AN ACT

To Incorporate the Montgomery Plantation Goods Manu*

facturing Company.

Name and style.

Powers.

Sec. 1 . Be it enacted by the Senate and House of Represent -
atives of the State oj Alabama, in General Assembly convened ,
^ a ™ es of cc> r P°- That W. G. Andrews, F. M Gilmer, Jr., A. F. Givan, II. C.

Semple, T. B. Bethea, P. II. Brittun, S. Hooker, J. J. Hooper,
and their associates, be, and they are hereby made and con¬
stitute d a body politic and corporate, by the name and style
of the “ Montgomery Plantation Goods Manufacturing Com¬
pany,” and by that name may sue and be sued, plead and
be impleaded, in any court of law or equity in this State,
and as such body corporate, by the name aud style afore¬
said, shall have full power and authority to carry on and
execute trade and business in the manufacture or sale of
clothing, hats, shoes, blankets and all other articles and
things adapted for the use of laborerson cotton or other plan¬
tations, and to execute and carry on, in connection there¬
with, any other traffic or business that they may find con¬
venient or profitable; Provided, That nothing herein con¬
tained shall be construed to authorize any banking, bro-
Not to engage in kerage or exchange business, or any other business than
the manufacture of and traffic in goods, wares and mer¬
chandize.

Sec. 2. And be it further enacted , That the capital stock of
said company shall not exceed the sum of two hundred
thousand dollars, and that said company shall not organize
until the sum of fifteen thousand dollars shall have been
subscribed in good faith to the capital stock thereof, which
amount of fifteen thousand dollars shall be subscribed on
Books for stock books opened at some office in the city of Montgomery, by
to be opened. a Commissioner to be appointed by a majority of the cor¬
porators herein named, after twenty days notice in some
newspaper printed in said city; said books being in charge
of .said Commissioner, and by him kept open for the space

banking.

Capital stock.

479

1859-60.

of thirty days or until said fifteen thousand dollars shall
have been subscribed.

Sec. 3. And be it further enacted That said company may
own in their corporate name personal property to any ex May own l>rop .
tent, and real estate to the value of thirty thousand dollars, * rty -
and may convey the same and purchase and own other to
the like amount as their business may make necessary or
proper. And the capital stock of said company, limited as
aforesaid to one hundred and twenty five thousand dollars, 8 ^ ck lnt0
shall be divided into shares of fifty "dollars each, for which, a
on payment in full, certificates shall issue and be transfer* certificates
rable in manner as may be directed and required by the tratl9ferrable '
Board of Directors to be chosen as hereinafter specified.

Sec. 4. Be it further enacted ) That said company shall
be allowed to place a stamp or mark upon each article or
piece of goods by them manufactured or sold, with their Oood88tamped ’
name and a brief representation of the quality or class of
goods, for which they sell the same; and if said article or
goods shall prove interior to the representation in said stamp
or mark, said company on proof thereof, in any competent ^prwtntotio®!*’
court, shall pay to the vendee of such article or goods the
price of said goods or article, with fifty per cent added
thereto by way of penalty; and, any person counterfeiting,
forgiug, altering or simulating such mark or stamp, with Penal for f
intent to defraud or to mislead, shall be held guilty of a hip stamp or
felony, and, on conviction, shall be imprisoned in the pen- mar 0 co *
itentiary not less than one year, nor more than five vears.

Sec. 5. Be it further enacted , That so soon as fifteen
thousand dollars of stock shall have been subscribed, any
three of the corporators may call a meeting of the stock■ holder® of8toc *
holders by giving ten days notice thereof in some newspa¬
per of the city of Montgomery, and that said meeting ol
stockholders shall proceed to elect a Board of seven Direc-® lect director9 ’
tors to manage the concerns of said* company; and said Authority of
stockholders shall have authority to confer unlimited power board,
in said Board as to the concerns of the company; and, in
the election of said Board, each share of fifty dollars shall
be represented by one vote, and a majority of the stock
subscribed at the time, shall be represented in such election
of Directors, and the seven persons (being stockholders)
who shall receive a majority of the votes cast at such meet¬
ing of the stockholders, shall be the Directors of said qon>- Texmre of officc
pany, and shall constitute a Board which shall remain in of directors. c
office one year and until their suiceessors shall have been
elected ; and said Board (of whom four shall be a quorum)
at their first meeting shall elect a President, Secretary and a r re8idcnt

480

P^rpatual fuc
cession.

Body corporate.

Powers.

By-laws, &c.

Transport goods,

&c.

Treasurer and such other officers as they may deem neces¬
sary, and may at all times do and perform the business
usually entrusted to such Boards and such other business
as may be entrusted to them bv the stockholders.

Sec. 6 . Be it further enacted , That “ Montgomery Plan¬
tation Goods Manufacturing Company ” shall by said cor¬
porate name have perpetual succession, and as such shall
have and enjoy all the rights and privileges usually incident
to bodies corporate, not hereinbefore specially enumerated ;
and shall specially have authority to adopt for its own gov¬
ernment all such laws, rules and regulations as it may deem
proper, not repugnant to the constitution and laws of this
State or of the United States.

Approved, February 21, 1860.

No. 331.]

AN ACT

To Incorporate the Southern Express Company.

Sec. 1 . Be it enacted by the Senate and House of Represent *
(dives of the State of Alabama in General Assembly convened ,
That William P. Chilton, Hugh P. Watson, W. C. Bibb,
Edmond Harrison, Wade Kyyes, Smith Oullom, and J. S.
Winter, their associates, successors and assigns, be, and
are hereby created and declared to be a body corporate,
under the name arid style of “The Southern Express Com¬
pany, 57 and by that name may contract and be contracted
with, sue and be sued, plead and be impleaded in any court
of law or equity whatsoever, and may make, have and use
a common seal to be changed at pleasure.

Seo. 2. Be it further enacted , That said corporation shall
be authorized and empowered to make and adopt, and the
same at pleasure to alter and amend all such rules, regula¬
tions and by laws for the government and management of
its affairs, and of those that may be therewith connected,
as may be deemed necessary.

Sec. 3. Be it farther enacted , That said corporation shall
have power and authority to convey, carry and transfer
or have conveyed, carried and transferred, goods, wares
and merchandise of all kinds, gold and silver coin, and
bank notes, and generally all such other descriptions of
property arid things as may be required or advisable be¬
tween the cities of New Orleans and New York and be¬
tween such intermediate and other points arid places within

481

1859-60.

the limits of the United States, and over all such routes,
and tor such rates of charge, as may be deemed expedient
for the best interests of said company.

Sec. 4. Be it further enacted, That said corporation shall (JoUectbiiJg
be further authorised and empowered to collect for com- "
mission or otherwise, and remit or otherwise make returns
for notes, bills, bonds, claims and demands of all kinds, to
employ all such officers, clerks, agents, and assistants of., .
whatsoever kind that may be found or thought necessary, clerks, & c .
to purchase and hold, and the same at pleasure to in any
wise convey or dispose of all such property, real, personal
and mixed, as may be found or thought necessary to its
best interest and generally to do and perform all such other Purchase and sen
acts and things as may seem advisable, or as are or may be pr ° I>tr,y ‘
done, or undertaken by other express companies not re¬
pugnant to the laws of this State or of the United States.

Sec. 5. Be it farther enacted. That said corporation shall corporate exist
exist lor thirty years, and may engage m business at any
time alter the sum of fifty thousand dollars shall have been commence \>u S u
subscribed to its capital stock, but not before, and shall ne5S ’
have the right, power and authority to increase at will, or Ca nuai sjock in-
from time to time, as may be desired, the sum of its said creuKd ‘
capita] stock: Provided, always, That its aggregate capital l>r0VU0,
stock shall never exceed five hundred thousand dollars.

Sec. 6. Be it further enacted, That the stockholders of
this company shall severally and collectively in all in¬
stances, be liable and responsible to the full extent of their ]^S° f * Vck '
private property, for all losses of goods, moneys or valuables
that may be placed in their charge for safe keeping or
transportation.

Approved, February 23, 1860.

No. 332.] AN ACT

To Incorporate the “ Mobile Turner Community.”

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,

That John L. Weison, Phillip Bereb, Phillip Frank, Chris*
topher Wintergert, J. B. Hoffman, and others of Mobile Names of corpo-
county, who have associated together for purposes of im- rafcor *’
provement in mental and physical culture of benevolence*
and charity, under the name of “Mobile Turner Commu*

1859-60.

482

nity,” be, and they are hereby incorporated under that
name and shall have all the powers, rights and privileges
necessary to carry out the objects of their association.

By-iaws. Sec. 2. Be it further enacted , That said corporation may

adopt such constitution and by-laws as they may deem
necessary, not inconsistent with the laws of this State.

Sec. 3. Be it further enacted, That said corporation may
May own prop- real and personal property, may receive property and
eny. money by gift, will or devise, and exercise such other pow¬

ers as are incident to private corporations.

Approved, February 25, 1860.

No. 883.]

AN ACT

rators.

Powers.

To Incorporate the South Alabama Manufacturing Com¬
pany.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the. State of Alabama in General Assembly, convened ,
Names of corpo- That C. M. Cabot, 13. Trimble, 11. Ware, Thomas Wil¬
liams, J. M. Bradford, J. I). Williams, R. S. Williams, and
their associates shall have right to build a dam or dams
across the Coosa river, so as best to develop its water
power and adapt it to their purposes, anywhere between
the shoals in the city of Weturnpka, and the top of the
stair case shoals, and have the right to all the water power
to be used by canals or otherwise, as they may choose:
Provided , they provide by locks or canals, a free pass for
flat or keel boats, and do not violate individual rights in
the use of their property.

Sec. 2. Be it further enacted ,, That the said individuals
may be, and are hereby constituted a body corporate and
Name and style, politic, under the name and style of the South Alabama
Manufacturing Company, for all the purposes of milling
and manufacturing, according to their own adopted by laws,
not to be in violation of the laws nor constitution of this
* n e?of Alabama ^ tate » nor t ^ 10Se the United States, and arc further enti-
Manufactur’g 1 Co! tied to all the privileges as far as they may choose to adopt
them, of the charter granted by the Legislature of Ala¬
bama, to the Alabama Manufacturing Company at Selma.

Sec. 3. Be it further enacted , That this charter shall be
void in law, unless said corporation shall begin their works
within three years, from date of this act.

Approved, February 24, 1860.

Body corporate.

483

1859-60.

No. 334.] AN ACT

To Incorporate the Mobile Wine Company.

Sec. 1. Be enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly . convened\

That the company formed in Mobile, and known by the

name of the Mobile Wine Company, is hereby declared to Bodycor i >ora{e -

be a body politic and corporate, under the name and style

aforesaid, and the said body corporate shall have power

and authority,

1st. To have succession by its corporate name.

2d. To sue and be sued and make contracts.

3d. To use a common seal, and to alter the same at
pleasure.

4th. To hold, purchase, dispose of and convey such real May own prop-
and personal estate as the business of said corporation may erty '
require, its property not to exceed at any time five hundred
thousand dollars in value.

6th. To appoint such subordinate officers and agents as
the business of the corporation may require, prescribe their 0fficer8 ‘
duties and fix their compensation.

6th. To make such bydaws, not inconsistent with any uy-iaws.
existing law for the transfer of its stock, the management
of its property or the regulation of its affairs.

Sec. 2. Be it further enacted , That the said company shall
have power and authority to engage in the business of the cultivate grape,
cultivation of the grape, and other fruits, and such other make wine,*c.
vegetable productions as it may deem expedient to manu¬
facture wine, brandy and all other articles connected with
the cultivation of the grape, and to manufacture, deal in
and trade in all things incident to vineyards, or proceeding
from the said culture, or connected therewith in any man¬
ner, and to manufacture all the utensils and vessels neces¬
sary for the said manufacture, and the preservation of said
products, to establish wine cellars, warehouses, provide for
means of transportation, and in fine do all things needed
fully to carry out said business.

Sec. 3. Be it further enacted , That the capital stock of Capital stock,
said company shall not at any time be less than twenty
thousand dollars nor more than two hundred and fity thou¬
sand, and shall be held in shares by the stockholders of
one hundred dollars each, which number of shares maytturM.
from time to time be diminished or increased, as may be
needed by the business of said corporation.

Sec. 4. Be it further enacted, That the affairs of said com-

1859-60.

484

Directors.

pany shall be managed by a board of seven Directors, to
be elected annually by the stockholders, as the by-laws
may provide, at which election each share entitles the
holder thereof to one vote, and the said Directors shall
elect one of their body as President to serve one year, and
the said Board of Directors shall fill all vacancies.

Approved, December 14, 1859.

N o. 8

35.]

AN ACT

Own land for
cemetery.

To Incorporate a Cemetery in the County of Tuskaloosa,

Sec. 1. Be it enacted by the Senate and Home of Represent
tatives of the State of Alabama in General Assembly convened ,
v That Peter Martin, Charles J. Fiquett. Leonard B. Neil,

rators. Charles M. Foster, James Guild, E. B. Vaughn, Augustus

Lynch, .Richard N. Harris, James T. Pierce, and David
Scott, their associates and successors are hereby declared a
body corporate, and as such body are hereby authorized to
Body corporate, select and possess themselves of such location in the county
of Tuskaloosa as they may think most desirable for a ceme¬
tery for the dead, not to exceed in extent fifty acres, and
when said corporation shall have become possessed of such
location, it shall be lawful for it to have the same divided
at any time in such manner as it may think proper, and to
sell such Ids or divisions for cash or otherwise as it may
seem desirable, to any person or persons who may desire a
spot for burial purposes; and said corporation is also
authorized to buy and hold all such property, real and per-
vav own prop- sonal, as it may deem necessary for the enclosure and pre-
crty * paration of said grounds, and for keeping and preserving

the same from injury and in a proper state of repair and
improvement, as well as for the convenient transaction of
its current business, not exceeding the capital stock here¬
inafter mentioned.

Sec. 2. Be it farther enacted , That the capital stock of

said company shall not exceed the sum $ -, to be

Books opened, divided into shares of twenty dollars each, that books shall
be opened by the corporation heretofore named, or some
of them, for persons to subscribe to stock, and that when
the sum of five hundred dollars of said stock shall have
Organize. been subscribed, the persons who shall have so taken and
subscribed to said stock are hereby authorized to proceed
and organize themselves for the business of said company

485

1859-60.

in such manner as they or a majority of them may desire,
and having so organized, said stockholders through and by
means of such organization, (which mode of organization
maybe altered from time to time in such manner as the By . lliwgj
stockholders may choose) shall from time to time pass all
such by-laws and regulations, not contrary to law, as they
may think proper for the purpose of collecting such part or
parts of the stock subscribed as they may wish, or for the
purpose of increasing the subscriptions to the nominum
aforesaid, and generally for the transaction of all business
connected with the affairs of said company, and said com¬
pany shall keep minutes of all its transactions, may have a Kee i> rainutcs -
seal for the authentication of its acts, which seal it may
make and break at pleasure, and may choose its own cor* '
porate name, by which name when chosen, it shall ever
thereafter be known, sue and be sued, contract and be con*
tranted with.

Sec. 3. Be U further enacted , That any person who shall
pull down, destroy or remove the whole or any part of any ^TTTjurT’i. not
fence, gateway, railing or other enclosure surrounding said
cemetery, or surrounding any lot or parcel of ground there¬
in, and any person who shall pull down, injure, deface,
mutilate, remove or destroy any grave, grave-yard, tomb¬
stone or monument, within said cemetery or within any
enclosure or grave-yard therein, shall be deemed guilty of
a misdemeanor, and shall be indicted and fined for every
such offense not less than ten nor more than one hundred Penalty,
dollars, at the discretion of the jury trying the same, and
shall also be liable m a civil action to the person or persons
whose property may have been so injured.

Sec. 4. Be it further enacted , That the said property of tot to be used
said corporation shall be deemed and dealt with as personal for bunal> &c ‘
property, and the lots or parcels of ground shall in no case
be disposed of by said company except for burial purposes,
and that when lots are bought of said company in good
faith for such purposes, the same shall be forever free and
exempt from all taxation, and from sale under execution, tax

and from all liability for the debts of the purchaser, his or
her heirs or successors.

Sec. 5. Be it further enacted , That Said cemetery, as long
as the same is legitimately used as a cemetery under this

,, P J , , * i Cemetery not to

act, shall never be in any way encroached upon by any to te encroached
road, whether public or private, unless four-fifths of the on b y road *> &c -
legal holders or owners of the lots therein,’shall first give
their assent thereto i h writing.

Approved, February 22, I860.

1859-60.

486

Names of corpo¬
rators.

Name and style.

May own prop
erty.

Retailing prohib¬
ited.

Penalty.

Name.

No. 836.] AN ACT

To Incorporate the “ Fair Mount Baptist Church,” in

Covington County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That from and after the passage of this act, Abraham Beas¬
ley, Lemuel S. Harviil, Alexander G. Atkinson, K. E.
Larkin, and James L. Steely, be, and they are hereby con¬
stituted a body corporate, under the name and style of the
“ Trustees of the Fair Mount Baptist Church,” and by that
name may sue and be su d, plead and be impleaded in all
manner of suits, either in law or equity.

Sec. 2. Be it further enacted, That the said trustees of
the said Fair Mount Baptist Church shall have the legal
and equitable right to hold property, real, personal or mixed
to the value of seven thousand dollars.

Sec. 3 . Be it further enaaed, That it shall not be lawful
for any person or persons to sell, bargain, or give away
spirituous or vinous liquors in less quantities than one
quart, within one mile of said incorporation, and any per¬
son violating the provisions of this last section shall be
deemed guilty of a misdemeanor, and on conviction, shall
be lined not less than fifty dollars for each offense; the So¬
licitors fees shall be the same as in cases of retailing with¬
out license.

Approved, February 21, 1860.

No. 337.] AN ACT

To establish a Medical Board in the county of Franklin.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,
That Drs. N. J. Houston, Wm. Despry, William Newsom,
A. W. Stevenson, James M. Houston, J. H. McGanglev,
Ilobert Abernathy, Frederick Anderson, they and their
associates and sueessors in office, are hereby constituted a
Board of Physicians, for the county of Franklin, to be
known as the Franklin County Medical Board, and by that
name may sue and be sued, plead and be impleaded, in
every court of law or equity in this State as a private per¬
son, and they or a majority of them, are hereby authorized

487

1859-’60.

to electa President and Secretary and sucli other officer or
officers as they may deem necessary to a proper discharge 0fficcra *
of the duties oF said corporation, and discharge all duties
incumbent upon said Board.

Sec. 2. And be it further enacted , That said Board shall
meet annually in the town of Tusoumbia, in said county, on ,J rime of meeting
the first Monday in March, in each and every year, and at°
such other times as they may desire and a majority of whom
shall have full power to fill any vacancy or vacancies in said
Board, whether by death or resignation or otherwise.

Sec. 3. And be it further enacted , That it shall be the
duty of said Board, to examine application for permission
to practice medicine, to grant license in their discretion,
and do all other business authorized or required of medical Duties,
boards in this State, and they may make all such by-laws,
rules and regulations for the proper government of the
body not inconsistent with the constitution and laws of
Alabama.

Sec. 4. And be it further enacted , That said Board are
hereby required, to have and keep a record of their consti¬
tution and laws, and to whom they grant license to practice,
and all other acts of said Board, which record shall be sub- Keep record *
ject to the inspection of any and all persons interested, and
they are hereby required to procure and keep an official
seal, with such devices as they may deem suitable, and they
and their associates and successors are hereby declared
capable iu law and equity, to receive, hold and enjoy dona¬
tions of real and personal property not exceeding ten thous¬
and dollars in value, to have and hold, the same by gift, Powers ,
grant or purchase in fee simple or otherwise, and shall have
power to do and perform all other acts incident to or apper¬
taining to any medical board in this State.

Sec. 5. And be it further enacted , That the jurisdiction L5mits ,
of said medical board in the exercise of its privileges and
duties shall extend over the county of Franklin, and license
granted to any one to practice, shall be valid in all parts of
the State. No physician shall be allowed to practice medi¬
cine or surgery in said county, unless he be licensed by the
board, or unless such person is at the time a practicing
physician ora graduate of some respectable medical college,
or has a license from some medical board in this State.

Sec. 6. And be it further enacted , That nothing in this
act shall be so construed, as to effect the rig'ntsor privileges
of those who may practice the botanic system as now regu¬
lated by the laws of this State.

1859-60.

488

Officers.

Name

Powers,

Rules, &c.

Provided.

May appoint offi

cers.

Sec. 7. And be it further enacted , That all laws and parts
of laws contravening the provisions of this act, are hereby
repealed.

Approved, February 21, 1860.

No. 338.] AN ACT

To Incorporate the Alabama Presbytery of the Cumberland

Presbyterian Church.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the three principal officers, L. C. Ransom, Moderator,
N. Walker, Clerk, J. C. Weir, Treasurer, and their sucees-
sors in office, be and they are hereby created a body politic
and corporate by the name and style of the “ Alabama
Presbytery of the Cumberland Presbyterian Church,” and
by that name shall have continual succession, and may sue
and be sued, contract and be contracted with, have and use
a common seal; and may own and hold by gilt, devise,
bequest or purchase, real and personal estate, moneys and
choses in actions, to the value of not exceeding one hundred
thousand dollars, and the same may sell, convey and
reinvest.

Sec. 2. Be it further enacted , That the three principal
officers named in the first section of this act, and their suc¬
cessors in office, shall hold their office at the pleasure, of the
“Alabama Presbytery of the Cumberland Presbyterian
Church,” and they and their successors in office, shall be
subject to, and governed by such rules or regulations and
by-laws, as may from time to time be prescribed or adopted
for their government by the Alabama Presbytery of the
Cumberland Presbyterian church, commonly called the
“ Cumberland Presbyterian church.” The said Presbytery
shall have power-to enact and establish and repeal, and
alter at pleasure, all such rules, regulations or by-laws as
they may deem proper for the government of said corpora¬
tion, and the management of its affairs: Provided , That
such rules, regulations or by-laws be not inconsistent with
the purposes of said corporation, nor contrary to the con¬
stitution or laws of this State or the United States.

Sec. 3. Be it further enacted , That said Presbytery shall
have power to appoint such officers of said corporation, as
said Presbytery may deem necessary and proper, and pre*

489

1859-’60.

scribe the duty of such officer or officers, and may also
prescribe the tenure of office of the three principal officers
aforesaid and their successors, and may elect or appoint
officers of said corporation annually or at such other periods
as the said Presbytery may by resolution ordain or deter¬
mine, and may fill all vacancies which may occur in the
board of officers, or provide the mode of filling such vacan¬
cies, and said Presbytery shall have power at pleasure to VacaDc5es mha -
increase or reduce the number of officers. The charter
granted by this act shall not fail or be forfeited by the failure
or refusal of any person or persons to act as officer or offi¬
cers, or by failure to elect or appoint officers at the times
or periods which may be prescribed for that purpose.

Sec. 4. Be it further enacted , That all gifts., grants and
donations, which may have been heretofore made to the Gifts<graut3>&c
Alabama Presbytery of the Cumberland Presbyterian
Church, either by will, deed or otherwise, or which may
have been made to any of the churches composing said
Presbytery, and all such gifts, grants and donations as may
hereafter be made to said Peresuytery or any of the churches
created by, and acting under its authority, of any moneys,
property or effects, shall be deemed and held valid and
effectual in law and equity; and no contract, donation, gift
or devise shall fail by reason of any misdescripton or mis¬
nomer of said Presbytery, in any instrument conferring or
attempting to confer the same: Provided , That this section Provided
shall not be so construed, as to interfere with any vested
right in any third person or persons.

Sec, 6. Be it further enacted , That said corporation may
loan out its funds at a rate of interest not exceeding eight Mayloanitfl
per cent, per annum on bills or notes, and rnay take security fund,
by mortgage or otherwise for its repayment, and the accu¬
mulation by way of interest shall be used for benevolent pur¬
poses, or the spread and propagation of the Gospel, and the
funds of said corporation shall never be used for private
emolument, except so far a® to pay the persona employed
in and about the business of said corporatibn, a reasonable
compensation for their services.

Sec. 6 . Be it further enacted , That the property, funds
and effects of said corporation, whether employed for accu- .
mulation or retained in possession of said corporation, being
dedicated to religious purposes, shall be freehand exempt
from taxation.

Appboyep, February 2, 1860.

1859-’60.

490

Name.

Powers,

Capital stock.

Officers—-how
elected.

No. 339.] AN ACT

To Incorporate the Montgomery Race Course Association.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Cornelius Robinson, Edward A. Semple, F. W. Hun¬
ter, Samuel Arrington, James R. Powell, J. J. Hoop'r,
Albert Elmore, H. P. Watson, James H. Weaver, J. J.
Seibles, Bartlett C. Jones and Samuel G. Hardaway, and
their associates and successors, of the Montgomery Race
Course association, be, and are hereby declared and conti-
stituted a body corporate by the name and style of the
“ Montgomery Race Course Association,” and by that name
and style, may sue and be sued, may plead and be impleaded,
answer and be answered in any court of law or equity ;
and may have and use a common seal, and the same alter
and amend at pleasure.

Sec. 2. Be it further enacted , That said association in its
corporate capacity, may have and hold real and personal
property to the amount of one hundred thousand dollars,
and improve the same in such manner as may suit" the in¬
terest and convenience of the association, and that the stock
thereof shall be divided into shares of fifty dollars each,
for which certificates may issue, and which shall be trans-
ferrable in such mode and manner, as the association may
by is laws direct.

Sec. 3. Be it further enacted , That the members of said
association and body corporate may elect officers and a
Board of Directors for its management and government, in
the choice whereof each share of fifty dollars shall entitle
the bona fide holder thereof to one vote, and that said asso¬
ciation and body corporate may adopt such constitution,
and enact such rules and by-laws for its government as the
members may think proper: Provided , They are not con¬
trary to the constitution or laws of the State of Alabama.

Approved, January 30, 1860.

491

1859-60.

No. 340.] AN ACT

To Incorporate the Walker Springs Company of Clarke

County.

Sec. 1. Beit enacted by the Senate and House of Represent *
atives of the State of Alabama in General Assembly convened ,

That the Walker Springs Company, the present and future
stockholders, be, and are hereby declared and constituted
a body corporate by the name of the “Walker Springs Name *
Company of Clarke county,” for the purpose of owning
and being the propretors of springs in Clarke county, to be
known and called Walker’s Springs.

Sec. 2. And be it further enacted , That said company ^ 1 f ' ( f h ^ rcha9e
shall be capable of purchasing and holding all such real an
and personal property as may be necessary to carry the
objects of said company into full force and effect.

Sec. 3. And be it farther enacted , That said company and
their successors, shall have power to contract and be con- owerk *
tracted with, of suing and being sued, pleading and being
impleaded, defending and being defended, of answering
and being answered unto in all courts and judicatures.

Sec. 4. And be it further enacted, That no spirituous M

liquors shall be retailed or sold in quantities less than a
quart, within a quarter of a mile of said Walker’s Springs,
except by leave of the company; and any person violating
the provisions of this section, shall be liable to a fine of not
less than fifty dollars, to be recovered by said company
before any magistrate of Clarke county for every such
offence.

Sec. 5. And be it further enacted , That said company be, Nuisances,
and they are hereby empowered, to abate all nuisances of
whatever kind, within a quarter of a mile of said springs.

Sec. 6. And be it further enacted , That the capital stock
of said company shall be payable according to the terms and Liabilities,
stipulations of their agreement; and each subscriber to said
stipulations and agreement, shall be liable* to the company
and to the creditors thereof for the amount of his subscrip¬
tion and no further, and may be sued for the same.

Sec. 7. And be it further enacted , That said company are
also hereby authorized to organize by electing a President
and Board of Directors, the latter consisting of four persons,
who shall hold their office for twelve months, or until their Electlwis *
successors are elected, and shall be authorized to transact the
business of said company. Said Board of Directors are also

492

hereby authorized to elect a Treasurer ami Secretary who
shall also hold their offices for the term of twelve months,
or until their successors are elected.

Approved, February 24, 1860.

No. 341.] AN ACT

To amend the Charter of the Shelby Lime Company.

Sec. 1 . Be it enacted by the Senate and House of Represent -
at eves of the State, of Alabama in General Assembly convened,
That the act of this State entitled An Act, to incorporate
the “Shelby Lime company,” approved February 2d, 1858,
be and the same is amended, as hereinafter prescribed and
enacted.

Sec. 2. Be it further enacted. , That the Shelby Lime
Company as a corporation for the purpose of trasporting
their lime to market, shall have the right alone or in con¬
nection with any other party or parties, at their option, to
hire or own or employ a steamboat with a barge or
barges at their option, and when such steamboat, with or
without the barge or barges, shall not be fully employed
in the business of transporting the lime of said company,
the company shall have the right to employ the same, in
transporting produce and merchandize for other parties or
persons, on the navigable waters of this State, including
the Bay of Mobile, and waters connected therewith, on such
terms and conditions as may be customary, or as may be
agreed on by and with said company.

Approved, February 21, I860.

No. 342.] AN ACT

To amend an act to establish a Medical Board in the county

of Cherokee.

Sec, 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That an act to establish a Medical Board in the county of
Cherokee, approved February 15th, 1854, be amended b;y
striking out tne words “on the first Monday in February,”

493

1859-60

where they occur in the second section of said act, and
inserting in lieu thereof “on the second Monday in April.”
AprjtoVJED, February 8, 1860.

No. 843.] AN ACT

To amend the charter of the North Alabama Telegraph

Company.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly, convened ,
That the North Alabama Telegraph Company be, and they
are hereby authorized under the provision of the charter of
said company, approved 10th February, 1852, to extend
the line of said telegraph from the town of Stephenson to
the Tennessee and Alabama line, in the direction of Jasper
or Chattauooga in the State of Tennessee, and also to ex*
tend the line from the town oi Tuscurnbia to the Mississippi
and Alabama line, in the direction of Memphis, Tennessee,
and also from Tuscurnbia, by way of Florence, to the Ten¬
nessee line in the direction oi Purdee, in the State of
Tennessee.

Afpkoved, February 8, 1860.

No. 344.] AN ACT

To amend an act, entitled “An Act to Incorporate the
Mobile Omnibus Company,” approved January 26th, 1858.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That the act to incorporate the Mobile Omnibus Company,
approved January 26th, 1858, and the same is hereby
amended as to authorize the said company to increase, if
they think proper, their capital stock to one hundred
thousand dollars.

Sec. 2. Be it further enacted, That said Omnibus Com-
pany, in addition to the powers heretofore granted, under owers *
the act of incorporation, shall have power, upon obtaining
the consent oi the corporate authorities of the city of
Mobile, to construct and use their railway or rail wavs, or
street or streets in said city, for the transportation of pas-

50-’60.

494

Provided,

Company is
■rived.

senders and merchandize : Provided , however , That all the
restrictions, limitations and conditions prescribed in an act
passed by the present General Assembly to enable the cor¬
porate authorities of the city of Mobile to grant the privi¬
lege of constructing railroads within the corporate limits of
said city shall apply to said Omnibus Company, should it
obtain the privilege from said city authorities to construct
and use such railroad.

Approved, February 24,1860.

No. 345.] AN ACT

To amend “ The Charter of the Montgomery Gas Light

Company.”

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
T hat the charter of the Montgomery Gas Light Company
be so amended as to authorize the stockholders of said com¬
pany, or a majority in interest of said stockholders, to in¬
crease, at their discretion, and as they may from time to
time elect, the capital stock of said company: Provided ,
That the aggregate of any such increase shall not make the
sum total of said capital stock to exceed two hundred
thousand dollars.

Approved, February 9, 1860.

No. 364] AN ACT

To revive and continue in force “An Act to Incorporate
the Mobile Live Stock and General Insurance Company,”
approved 20th December, 1851, as amended by an act,
entitled “ An Act to alter and amend an act to Incorpor¬
ate the Mobile Live Stock and General Insurance Com¬
pany,” approved December 20th, 1851, approved Decem¬
ber 12ih, 1853.

Sec. 1. Be it enacted by the Senate and House of Represent *
a lives of the State of Alabama in General Assembly convened ,
That the said “Mobile Exchange and General Insurance
r€ * Company ” is hereby revived and continued in force, under
the conditions, limitations and restrictions contained in its

495

1859-m

original charter, and the amendments thereto as recited in
the caption of this act.

Sec. 2. Be it further enacted } That in order to effect the
object and purpose of this act, subscriptions shall be opened gubscription8 t0
in the city of Mobile for the shares of stock in said com- be
pany, under the superintendence of Thaddeus Sandford,

Henry B. Holcombe, Br. Tardy, Charles Gascoigne and
William 1). Bury, or any three of them, which said sub¬
scription shall continue open until fifty thousand dollars is
subscribed.

Sec. 3. Be it further enacted , That after the subscriptions
are completed, in accordance with the provisions of this act, Q al act t0
all the provisions of the original and amended act, not in be in force,
conflict with the provisions of this act, shall apply and be
in full force and operation for the government of said Mo¬
bile Exchange and General Insurance Company, to all
intents and purposes, as if the subscriptions to the stock of
said company were now for the first time made.

Sec. 4. Be it further enacted , That the persons named in
the second section of this act, to-wit: Thad. Sanford, Henry
B. Holcombe, Br. Tardy, Charles Gascoign and William I).

Berry before named, shall appoint a place in the city of
Mobile for the proceeding to the election of five Directors,
who shall serve for one year and until their successors shall Election,
be qualified, that they shall meet as soon as may be conve¬
nient after the election, and choose out of their own body a
President, who shall serve until another Board, by election,
be qualified. The election for Directors shall be governed
by the regulations prescribed in the 4th section of the orig¬
inal act, as recited in the caption of this act: Provided , said
regulations be not in conflict with the provisions of this
section of this act.

Sec. 5. Be it further enacted , That so soon as the provi¬
sions of this act are complied with, the said Mobile Ex¬
change and General Insurance Company is hereby revived
and continued in force for the time prescribed in the acts
which this act is intended to revive and continue in force,
and may proceed to use and exercise all the powers, privi¬
leges and capacities prescribed and contemplated by the
original acts, as recited in the caption of this act.

Approved, February 24, 1860.

1859-60.

No. 347.]

AN ACT

Act revived.

Additional

name?.

Amendment.

Bond? may
issued.

By-laws, ac.

To revive and amend the act Incorporating the Broad
Street Hotel Company of Selma.

1)0

Street Hotel Company of Selina, passed by the Legislature
of this State, and approved February 18th, 1854, be, and
the same is hereby revived, with the amendments herein-
at ter enacted.

Sec. 2. Be it further enacted, That the first section of said
act be amended by adding to the Commissioners therein
named the following named persons, citizens of Selma, to-
wit: Nathaniel Waller, C. E. Thames, M. J. A. Keith, Wil¬
liam S. Knox and James Lapsley, with all the powers and
privileges as are conferred by said act on the other Com*
missioned named in said first section.

Sec. 3. Be it further enacted , That the second section of
said act be amended as follows, to-wit: By striking out the
word “one,” where it occurs before the words “hundred
thousand dollarsand by striking out the word “five,”
where it occurs before hundred dollars, and insert in lieu
thereof “one,” so as to make the last sentence of the said
section read thus: “The capital stock of the company
shall be two hundred thousand dollars, divided into shares
of' one hundred dollars each.”

Sec. 4. Be it further enacted , That said company shall
have the power to issue bonds of the company to such
amount and in such form, and to bear such rate of interest
payable at such time and place as the Board of Directors ot
the company may prescribe, to aid in the completion and
furnishing of their hotel, and to pro *.ure servants for the
same, if deemed advisable, and to secure and provide for
the payment of such bonds, with the interest; may pledge
by mortgage, or deed of trust, or in such other form as said
Board of .Directors may deem proper and expedient, all the
property, means and effects of the company, possessed or to
be possessed, including the avails of the bonds to be issued
and the property which may be obtained therewith.

Sec. 5. he it further enw. ted, That said company shall
have power (acting by its Board of Directors) to make all
ordinances and by-laws, and all rules and regulations which
may be deemed proper for the maintenance and preserva¬
tion of good order and propriety in and about their hotel,

497

1859-60.

and for the security, quiet and comfort of the guests and
residents in and about the hotel, and shall have power to
enforce such by-laws, ordinances and regulations, and to
require them to be observed: Provided , That the same shall Provlde(L
not be contrary to the laws of the State.

Sec. 6. Be it further enacted, That said company acting
by its Board of Directors shall have power, in case any in¬
stallment or installments on the stock of the company which When jngtalJ
rnav be called for by said Board of Directors, shall not be ™ents are not
paid in conformity with the call of said Board, to sell the
stock of the defaulting stockholder or stockholders in the
company to the highest bidder for crsh, and apply the pro¬
ceeds (after first paying the cost of the advertisement of
sale) towards the payment of the amount which may be
unpaid on such stock; and if there shall be any balance
after so paying, shall pay the same to the stockholder
whose stock may be so paid: Provided , That at least thirty provided,
days notice of the time and place of sale shall be given by
advertisement in some newspaper published in the city of
Selma: And , provided further , That this remedy shall be
cumulative, and shall not prevent the company from resort¬
ing to any other lawful remedy against such defaulting
stockholder, and such sale shall not release such stockhol¬
der from liability to the company for any balance which
may remain unpaid, alter sale of the stock and application
of the proceeds as above provided.

Approved, February 2, 1860.

No. 348.] AN ACT

To prohibit the sale of Intoxicating Liquors within the
distance of three miles from Robinson Springs, and for
other purposes.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That from and after the passage of this act it shall be un¬
lawful for any person or persons to sell, vend, exchange or
barter away, or in any manner dispose of, or give away any
spirituous, vinous or other intoxicating liquorsof any kind spirituousuqn»r»
whatever, in any quantity, large or small, within the dis- not *° be
tance of three miles in every direction from the Spring,
known as the Public Spring in the village of Robinson
‘32

1859~’60.

498

Springs, in the county of Autauga ; and should any person
or persons so violate the provisions of this act, he or they
shall be guilty of a misdemeanor, and, on conviction there¬
of, shall be fined for the first offense in a sum not less than
five hundred dollars, one-half of said fine to the informant
and the other half to the County Treasury, and lor the sec¬
ond and every subsequent offense, shall be fined five hun¬
dred dollars and be impaisoned m the county jail not less
than three months.

Sec. 2. And be it further enacted\ That it shall be unlaw¬
ful for any person or persons to nave or keep a ten pin alley
or billiard table, or other place of gamingor play within the
distance of three miles in every direction from the public

Second offence.

Jio license can
be granted.

spring aforesaid, and should any person or persons so vio¬
late the provisions of this section of this act, on conviction
thereof, he or thev shall be fined not less than seven hun-
dred collars, one-half to the informant and the other to the
County Treasury, and for a second and every subsequent
offense, the fine shall be not less than seven hundred dol¬
lars, and imprisonment in the county jail not less than six
months.

Sec. 8 . And be it further enacted , That it shall be unlaw¬
ful after the passage of this act for the Court of Probate of
said county of Aut«uga to grant any license to any person
or persons to sell, barter or exchange any spirituous or intox¬
icating liquors, or keep a ten pin alley or billiard table, at
the said village of Robinson Springs, or within three miles
thereof, as provided in the preceding sections of this act.

Sec. 4. And be it further enacted , That this act shall
be deemed and considered a public act, and shall
judicially taken notice of without being specially pleaded:
Provided, That nothing herein contained, shall be so con¬
strued as to prevent physicians from administering spirit¬
uous or vinous liquors to their patients when they may
deem the same necessary.

Approved, February 21, 1860.

499

1859-GO.

No. 349.] AN ACT

To amend an net to provide for the Indigent Sick in the
counties of Autauga, Coosa, Pike and Coffee, and for
other purposes.

Sec. 1 . Be it enacted by the Senate and House of Represent *
atives of the State of Alabama in General Assembly convened ,

That the third section of the act to provide for the indigent
sick in the counties of Autauga, Coosa, Pike and Coffee,
approved February 10th, 1852, be, and the same is hereby Amen(lmen ,
amended ns far as applicable to Autauga county, by adding
to said section the following proviso, viz : Provided\ That
the Commissioners of Revenue shall not be required to
order the payment of any such claims, unless they are sat¬
isfied that the same is reasonable and just, after examining
the same and hearing ’proof thereon.

Sec. 2. Be it further enacted , That the Commissioners
of Revenue of said county of Autauga, be, and they are here- J f 0 a u y 3e erccU poor
by authorized to erect a 44 Poor House” for the reception and 10 e '
care of the indigent and poor in said county : Provided ,
however , That before doing the same, the question whether
such Poor House shall be erected shall be submitted t° ^
the vote of the qualified electors of said county, at the gen¬
eral election on the first Monday of August next, and if a
majority of those voting on said question shall be in favor
of erecting such Poor House, then the same shall be built,
and the managers of said election are hereby required to
ask each voter whether he is in favor of a Poor House, or
no Poor House.

Approved, February 23, 1860.

No. 350.] AN ACT

To repeal an act relating to the road laws in Baldwin

County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That an act, entitled <4 An Act to repeal section 1163
of the new Code, approved February 17th, 1854, to author¬
ize the levying of a road tax in Baldwin county be, and.
the same is hereby repealed.

Approved, February 24, 1860.

500

No. 351.] AN ACT

To graduate and fix the fees of the Judge of Probate for

Barbour county.

Sec. 1. Be it enacted by the Senate and House of Represent'
atives of the State of Alabama in General Assembly convened
That the provisions of an act, entitled “ An Act to regu¬
late the fees of Judge of Probate, for Lowndes and Macon
counties,” be also extended to the Judge of Probate of Bar¬
bour county, except for each license not otherwise provided
for, and “ for each commission to take depositions” the fees
shall remain the same as now fixed by law.

Approved, February 21, 1860.

No. 352.] AN ACT

To amend an act therein named.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly, convened,
That the word three, where it occurs in the third section of
an act, entitled 11 An Act to change the mode of electing
the County Treasurer and County Surveyor of the county
of Butler,” approved January 30th, 1858, be stricken out,
and that the word two be inserted in lieu thereof.

Approved, January 25, 1860.

No. 353.] AN ACT

In relation to hunting Wild Hogs in the county of Butler,

and other counties.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State, of Alabama in General Assembly convened,
That from and after the passage of this act it shall not he
”unted not withoutlawful for any person to trap, or to hunt and kill wild hogs
notice. with dog and gun, or either, in the counties of Butler, Ma¬

con, Coosa. Bussell, Randolph, Tallapoosa, Tuscaloosa, Cov¬
ington, Monroe and Marshall, without first giving notice to

501

at least three householders living nearest the field, woods
or swamp, in which the hunt is to be made.

Sec. 2. Be it farther enacted , That any person violating
the provisions of this act, shall be guilty ot a misdemeanor Peualty
and, on conviction, shall be fined not less than twenty nor
more than fifty dollars, at the discretion of the jury trying
the case.

Approved, February 21, 1860.

No. 354] AN ACT

To repeal in part an act therein named, and for other

purposes.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened]
That the 5th section of an act, entitled “ An Act to lay off
Benton county into Commissioners Districts, and for other
purposes,” approved December 3rd, 1857, be, and the same
is hereby repealed, so far as the same relates to the county
of Blount,

Approved, December 5, 185$b

No. 355.] AN ACT

To repeal an act approved December 3rd, 1857, entitled
“An Act to lay off Benton county into Commissioners
Districts, and for other purposes/’ so far as said act relates
to the county of Calhoun.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the act approved December 3rd, 1857, entitled “An
Act to lay off Benton county into Commissioners Districts,
and for other purposes,” be, and the same is hereby repealed
so far as the said act relates to the county of Calhoun.
Approved, February 21, 1860.

1859™-’60.

502

No. 856.] AN ACT

To authorize the election and appointment of an additional
County Surveyor for Calhoun county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama .; in General A ssembly convened ,
That two County Surveyors, for the county of Calhoun,
shall be elected by the qualified voters of the county of
Calhoun on the first Monday in August, 1862, and every
three years thereafter.

Sec. 2. Be it farther enacted , That said County Survey¬
ors shall hold their office for the term of three years.

Sec. 3. Be it farther enacted , That the Court of County
Commissioners of said county are hereby authorized to
appoint an additional County Surveyor for the county of
Calhoun, who shall hold his office until the first Monday in
August, 1862.

Approved, January 25, 1860.

No. 357.] AN ACT

* *■

To repeal an act to regulate fees for Marriage License, in

Benton county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That an act to regulate fees for marriage license in Benton
county, approved February 9th, 1856, be, and the same is
hereby repealed.

Approved, February 3, 1860.

No. 358.] AN ACT

To repeal in part an act therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale of Alabama in General Assembly convened ,
That from and after the passage of this act, that an act enti¬
tled “An Act to alter .and amend the road laws as respects
the counties of Chambers and Randolph,” approved the

503

1859 - 60 .

27th day of January, 1846, be, and the same is hereby
repealed : Provided , That this act shall only apply to the
county of Chambers.

^iTKOVED, February 21, 1860.

No. 359.] AN ACT

To repeal An Act therein named so far as said Act applies
to the County of Choctaw.

Sec. 1 . Be it enacted by the Senate and House of Represent -
(dives of the State of Alabama in General Assembly , convened ,
That born and alter the passage of this act, “An Act”
entitled An Act to alter and amend the Patrol Law now
in force in the counties of Choctaw and Chambers,” ap¬
proved, February 9th, 1852, be, and the same is hereby
repealed, so fur as said act applies to the county of Choc¬
taw.

Aitkoved, January SO, 1860.

No. 360.] AN ACT

To locate permanently the seat of Justice of Coctaw

County.

Sec. 1. Be it enacted by the Senate and House of Represent•
olives of the Stole oj Alabama in General Assembly convened ,

That the sheriff of Choctaw county shall open and hold Sheriff to hold
an election at the several precincts in said county, on the elcctI0n *
second Monday in March next, for the purpose of enabling
the people of said county to determine whether a majoiity
of said people are in favor of removing the seat of justice
of said county, which election shall be held and conducted
in all respects in the same manner and agreeable to the
same regulations as are now prescribed by law for conduct¬
ing elections for members of the General Assembly of this
State, and it shall be the duty of the sheriff to give at least
thirty days notice of the times and places of holding said 0 ice '
election, by advertisement in the public newspaper printed
in said county, and posted up at the court house door, and
at three public places in said county.

Sec. 2. Be it farther enacted } That the legal voters of said

1859 - 60 .

504

Other elections.

Election.

Duty of sheriff.

county shall endorse upon their tickets the word “ re¬
moval,” if they are in favor of removing the scat of justice
of said county to some other place than Butler, or the
words “ no removal,” if' they prefer the court-house to
remain in its present location, and after all the balloting
of the several precincts shall have been carefully compared
by the proper judges and clerks according to law, and it
shall appear that a majority of all the legal votes cast in
said election, are cast in favor of “ no removal,” Butler
shall be the permanent seat of justice of said county; but if
no such majority be cast, and said majority be found in
favor of “ removal,” then the sheriff shall proceed to hold
the other elections as directed by the first section of this
act.

Sec. 3. Be it further enacted , That when the people of
Choctaw county shall have determined by a majority of
legal votes at the ballot box on the subject of removal,
then it shall be lawful for the sheriff of said county to open
and hold an election in the several precincts in said county
one month after the first election, agreeable to and in accor¬
dance with the requisitions in the first section of this act,
to enable the people of said county to locate permanently
the seat of justice thereof, and it shall be lawful for the
legal voters of said county to vote for any place that he or
they may desire the said court-house to be located, by
writing the name of the place of their choice upon tiieir
tickets, and it shrill be the duty of said sheriff after the
votes of the several precincts shall be returned agreeable
to law, are compared and the result ascertained by the
proper judges and clerks of said election at the court-house
in Butler, to make public proclamation thereof, and the
place receiving a majority of all the votes cast at said elec¬
tion returned as aforesaid, shall be deemed the permanent
seat of justice of said county.

Sec. 4. Be it further enacted , That should no place thus
voted for receive a majority of all the votes cast in said
election returned as aforesaid, then it shall be the duty
of the sheriff of said county to advertise, open and hold
another election under the same rules and restrictions as
prescribed for boldmg the preceeding election, and after
the vote as before has been carefully compared, the place
receiving a majority of all the votes cast at said second
election returned as aforesaid, the same shall be deemed the
permanent seat of justice of said county.

Sec. 5. Be it further enacted , That should no place thus
voted on the second balloting, receive a majority of all the

505

1859-60.

votes cast in said election, returned as aforesaid, it shall
be lawful for said sheriff* to advertise as before, open and
hold as before, another last and third election, under the
same rules and restrictions as prescribed for holding the
preceeding elections, and this third and last balloting thus,
lawfully held as before, and the legal result ascertained as election '
before, shall be, and is hereby considered final, and the
place receiving a majority of all the votes cast in said elec¬
tion, returned as aforesaid, shall be deemed the permanent
seat of justice for said county.

Sec. 6. Be it further enacted , That should a majority of
all the votes cast at either of said elections be given in
favor of any one place other than Butler, it is hereby made Duty of sheriff,
the duty of the sheriff holding said election to malice a re¬
port thereof to the next commissioners court of roads and
revenue of said county held thereafter, and it shall be the
duty of said court, upon such report being made to adver- Duty of commit*
tise in such manner and at such time as they may deem 8i0nerBC0Urt ’
advisable to build and complete said court-house and jail,
and such other buildings as they may deem necessary, at
the place designated in said election as the seat of Justice,
and to make and enter into such contracts for the erection
of said public buildings, as they may think conducive to
the interest of said county.

Sec. 7. Be it further enacted , That the commissioner’s May bnyland>
court shall proceed to contract for forty acres of land, or
receive by donation the same at the place elected, upon
which to erect the public buildings of said county, and shall
take a title-deed for the same so purchased or donated to
the judge of probate and his successors in office, for the use
of said count}% and the purchase money for such tract of
land shall be paid out of the county treasury of said
county.

Sec. 8. Be it further enacted , That the tract of land so
purchased by said commissioner’s court, shall be by said
commissioners laid off into convenient lots, and after re- Land t0 be laid
serving sufficient for the erection of the public buildings of^ d in £ c lot8 and
said county, be sold to the highest bidder, upon a credit of 80 * c ‘
one and two years, with interest from date, and the pro¬
ceeds of such sales shall be paid into the county treasury
for the purpose of erecting and paying for said public
buildings and lands.

Sec. 9. Be it further enacted , That the commissioner’s
court shall have power to appoint five discreet and prac¬
tical ' persons to act as a building committee, whose duty A^mtbnudin$
it shall be to contract for and superintend the erection Q £ eQaiMt ^

1859 - 60 .

506

Duty of commit¬
tee.

Compensation.

Penalty.

Duty of county
eificers.

said public buildings at the place selected for that purpose,
and for this purpose the said commission shall have
power to make plans of such buildings, contract for their
erection and do all other acts and things necessary to a
speedy completion of said work in accordance with the
previous requisitions of this act.

Sec. 10. Be it further enacted, That the commissioners
appointed by the commissioner’s court under this act, shall
receive such compensation for their services as said court
may think right and proper to be paid out of the county
treasury.

Sec. 11. Be it farther enacted, That any sheriff or other
officer willfully failing to perform the duties required of

him bv this act. shall be fined live hundred dollars.

Sec. 12. Be it further enacted, That on the removal of
the court-house, it shall be the duty of the officers of the
chancery court, the circuit court and the probate court to
remove their offices and all records, books and papers be¬
longing to their offices into the new court-house as soon
as the same may be practicable.

Sec. 13. Be it further enacted , That all laws and parts
of laws conflicting with the provisions of this act, be, and
the same are hereby repealed, any law to the contrary
notwidistanding.

Approved, January 21, I860.

No. 361.] AN ACT

To repeal An Act therein named.

Sec. 1. Be it enacted by the Senate and Haase af Represent¬
atives of the State of Alabama in General Assembly convened ,
That An Act, entitled “ An Act to restrict the County
Court Commissioners of Cherokee county,” in levying
county taxes, approved February 17th 1854, be, and the
same is hereby repealed.

Approved, December 17, 1859.

507

1859 ~’ 60 .

No. 862.] AN ACT

To prohibit the retailing of vinous or spirituous liquors

within one mile of the Town of Centre, in Cherokee

County, Alabama.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the Stale of Alabama in General Assembly convened ,

That Irorn and after the passage of this act, it shall not

be lawful for the judge of probate for Cherokee county to

issue any license to any person to retail vinousor spirituous j U(!?eofprobate

liquors, at or within one mile of the town of Centre, in ,l0tiS8ue i icen8e -

said county, nor shall it be lawful for any person to sell

the same at or within one mile of said town in quantities

less than one quart.

Sec. 2. Beit further enacted , That it shall not he lawful Merchants, &c. ;
for any person being a merchant, trader, or shopkeeper, to drinking on
' knowingly permit any vinous or spirituous liquors to V>e 1> ' emi3t9 ’ &c *
drank in any house, (private residences excepted,) in their
possession or under their control at or within one mile of
said town, nor shall it be lawful for any tavern or inn¬
keeper, at or within one mile of said town, knowingly to
permit any vinous or spirituous liquors to be drank in any
public room about his said tavern or inn* Providedhow *
ever, this restriction shall not apply to private family room Proviso .
or rooms, set apart and used exclusively for the time being
by the guests of such tavern or inn. This exception is not
to be so construed as to protect the venders of vinous or
spirituous liquors in quantities of not less than aquart from
the penalties now imposed by law for permitting it drank
on or about the premises.

Sec. 3. Beit further enacted , That it shall not be lawful
for any persons to assemble in any public place in said
town for the purpose of and to carry on any drinking of
vinous or spirituous liquors, and any and all persons so
doing shall be deemed guilty of a m sdemeanor, and on Penalty
conviction thereof, shall be fined not exceeding twenty dol¬
lars for each offense.

Sec. 4. Be it further enacted , That any person who shall
violate the provision of the first section of this act by sell- p enalty for geU .
ing vinous or spirituous liquors, or any of the provisionsingliquors,
of the second section of this act, shall be deemed retailers,
and subject to all the pains and penalties now imposed by
law upon retailers without license.

Sec. f>. Be it further enacted , That- any person selling

508

Tax.

Name.

Powers.

Exempt from
taxation.

gale of liquors
unlawful.

Officers.

vinous or spirituous liquors within one mile of the said
town of Centre, in quantities over one quart shall pay a tax
thereon, as if the same were merchandise.

Approved, February 21, 1860.

No. 333.] AN ACT

To Incorporate the Clintonville Academy, in Coffee County.

SEC. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Alfred McGee, John A. Flemming, William L. Wat¬
son, Asa R. Doolin, J. G. Moore, Lewis Hutchinson, Jr.,
and R. P. Brooks, and their associates and successors in
office, be, and they are hereby constituted and declared a
body corporate by the name and style of the Trustees of
the Clintonville Male and Female Academy, and by that
name may sue and be sued, plead and be impleaded, answer
and be answered unto, in all kinds of action both in law
and equity; may receive donations, purchase property of
any kind, whether real, personal or mixed; the same to
hold, use and dispose of at pleasure, and to have and use a
common seal. They shall further be empowered to make
such rules, regulations and by-laws for the good government
of said Academy as may be necessary, the same not being
repugnant to the constitution or laws of this State.

Sec. 2. Be it further enacted, That so long as the property,
personal, real and mixed of said corporation, shall be used
for the purpose of education, the same shall be exempt
from taxation of any kind: Provided ., That said property
docs not exceed in value the sum of twenty thousand
dollars.

Sec. 3. Beit further enacted, That it shall not be lawful
for any person to sell spirituous or vinous liquors at any
point within two miles of said Academy, except for actual
medicinal purposes by advice of a practicing physician of
good standing, and if any person shall sell spirituous or
vinous liquors in violation of the provisions of this section,
he shall be subject to an indictment, and on conviction, may
be fined in a sum of not less than one hundred nor more
than five hundred dollars, for each and every such offence.

Sec. 4. Be it further enacted, That the said Trustees shall
have power to elect a President, Treasurer and Secretary,
and prescribe the duties of each, and they may organize

609

1859 - 60 .

such faculty for the superintendence of said Academy as
they may think proper. They may fix the rates of tuition
and make such regulations, and provide such forms for the
granting of certificates, diplomas or other evidence of
scholarship, as they may choose.

Sec. 5. Be \t further enacted , That the number of said
Trustees shall be seven, and the persons above named shall IS ' urobcrlruste « s *
continue in office for the term of two years, or until their Termof office *
successors are duly appointed and accept, which appoint¬
ment shall be made by said body before the expiration of
their term of office, and a majority of said Trustees shall
form a quorum for the transaction of business, and a major¬
ity of those remaining in office shall form a quorum for the
election of new members to fill vacancies of said Board.

The said Trustees shall have power to remove any member
of their body for misconduct.

Sec. 6. Be it further enacted, That this act shall take
effect from its passage.

Approved, January 11, 1860.

No. 364.] AN ACT

To authorize John Holley of Coffee county, to establish a
Bridge or Ferry in said county.

Sec. 1 . Be it enacted by the Senate and House of Represen¬
tatives of the State of A labama in General Assembly, convened ,
That John Holley, of the county of Coffee, is hereby author¬
ized and empowered, to erect a bridge or establish a ferry
across the Choctawhatehee river at Geneva, in the county
of Coffee, and to demand and receive from all persons cross¬
ing the same, such rate of toll as may be fixed by the com¬
missioners court of said county.

Approved, February 14, 1860.

No. 365 ] AN ACT

To establish a Medical Board in the county of Coffee.

Sec. 1, Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\

That Doctors John G. Moore, J. P. Blue, F. A. Byars, John

510

Steed and William Simmons, they and their associates and
successors in office, are hereby constituted a Board of Phy¬
sicians for the county of Coflee, to be known as the Coffee
Name. County Medical Board, who are hereby invested with all

the powers and subjected to all the liabilities provided by
the Code of Alabama, in relation to like societies.

S.KC. 2. Be it further enacted, That said Board shall
TMaco mrt time of nieet at hliba in said county, on the first Monday in April
meeting. next, and at such other times as they may desire, having
the power to regulate their meetings as to time and place to
suit their own convenience; and the President of said
Board shall have power to call extra meetings when

Jurisdiction.

License.

necessary.

Sec. 3. Beit further enacted, That the jurisdiction of said
medical board, or the exercise of its privileges and duties
shall extend over the county of Coffee, and license granted
shall be good and valid in till parts of said county.

SkC. 4. Be it further enacted , That no person shall be
allowed to practice medicine or surgery in said county,
unless he be licensed by the said board, or unless such per¬
son is at the time a practicing physician or graduate of some
respectable medical college, or has a license from some
medical board in this State.

SEC. o. Be it further enacted , That nothing in this act
shall be so construed, as to effect those who may practice
the Botanic system, as now regulated bylaw.

Approved, January 25, i860.

No, 36(3.] AN ACT

To authorize Justices of the Peace to appoint Overseers of

Roads and for other purposes, in the county of Coosa.

Sec. 1 . Be it enacted, by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convene l,
That hereafter it shall be the duty of the Justices of the
Peace or one of them (when from any cause the other can¬
not attend) in and for the county of Coosa, on the first
Monday in March next, and every two years thereafter, to
meet in their respective precincts or beats and to appoint
overseers for each road district, and alter said district as
convenience may require, and apportion all the hands sub¬
ject to perform road duty in said beat, and perform all
duties apportioned as now required by law.

511

1859-GO*

Sec. 2. Be it further enacted, That said justices shall issue
a commission to such overseer with a list of hands attached Is,ue con,ru{S8 ’ n

directed to the constable of said precinct or beat, who shall
within ten days thereafter deliver the same to such overseer
or leave it at his usual place of residence.

Sec. 3. Be it further enacted , That all laws now in force, t0

as regards defaulter arid opening new roads or turning old

ones when jt requires an order from the commissioners
court, are now in force, and hereafter it shall not he lawful

for the Judge of Probate or Sheriff of said county of Coosa,
to receive any allowance for performing road duty : Pro¬

vided , The commissioners court may make such allowances
as they may think proper to said officers for duties per¬
formed as to opening out new roads.

Sec. 4. Be it further enacted, That said Justice of the* furies, &c., to be
Peace shall file a copy of the names and districts of roads c ’
each overseer they appoint, on or before the first day of the
next circuit court, to be held in said county of Coosa, to

the Judge of Probate for the inspection of the grand jury,
and said justices shall fill all vacancies that may happen

from any cause.

Sec. 5. Beit further enacted , That all white males between
the age, of eighteen and forty-five, public millers, ministers Exceptions,
of the gospel and cripples excepted, and all male slaevs
between the age of fifteen and sixty years of age, shall be
subject to perform duty in said county of Coosa.

Sec. 6. Be it further enacted , That the overseer when Application for
application is made to them by any person belonging to div,sion *
their division, for a portion of road to be left apart for
them to keep up, shall allot to the person so applying such
portion of a road or roads as would give all equal shares.

All persons having their road set apart as provided for in
this section, shall be liable to the overseer for all fines and
costs with twenty percent, damages, which he may sustain Wabimy ,
by the neglect of such persons to keep their roads in order,
to be recovered before any Justice of the Peace or the
circuit court of said county, when the amount is over fifty

dollars.

Sec. 7. Be it further enacted , That the commissioners
court may make such allowances to said justices and con¬
stables, as they may think reasonable for said services.

Sec. 8. Be it further enacted, That the Justices of the Peace Penalty,
failing to perform the acts required of him by this act shall
be deemed guilty of a misdemenor, and upon conviction
therefor, shall be fined not more than fifty dollars.

1859-60.

512

Sec. 9. Be it farther enacted , That all laws and parts of
laws conflicting with the provisions of this act, be, and the
same are hereby repealed.

Approved, February 25, 1860.

No. 867. AN ACT

To repeal an act therein named, so far as relates to Coosa

County.

S-EC. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened\
That so much ol an act, entitled “An Act to compensate
tax assessors for assessing the county taxes for the counties
of Choctaw, Coosa, Lowndes and Autauga/’ approved Feb¬
ruary 4th, 1858, as applies to the county of Coosa, be, and
the same is hereby repealed.

Approved, February 4, 1860.

No. 368.] AN ACT

To regulate the issuring of executions by Justices of the

Peace in Dale county.

Sec. 1. Be it enacted, by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That hereafter it shall not be lawful for any Justice of the
Peace in Dale county, to issue an alias execution, after the
original has been returned with the endorsement of the
Bailiff that no property can be found subject to said exe¬
cution, unless the plaintiff shall so direct and. point out
property; then, and in that event, if the plaintiff fail to
make the property thus pointed out, subject to his execu¬
tion, he shall be liable for all costs that may accrue from the
issuing of said execution, and the trial of the right of prop¬
erty thus pointed out, all laws to the contrary notwithstan-
ding.

Approved, February 24, 1860.

1859-’60.

513

No. 369.] AN ACT

Requiring the presentation of Claims against the county of

Dale.

Sec. 1. Be it enacted by the Senate and House of ^Represent *
ativesof the State of Alabama in General Assembly, convened,
That all claims against the county of Dale which have been
heretofore issue*!, and are now due and unpaid, shall be
presented by the holder thereof, to the county treasurer of
said county within twelve months from the passage of this
act, and all claims against said county which may be here¬
after issued, shall be presented in like manner within twelve
months from issue thereof, and any claim not presented as
required by the provisions of this act, shall be forever
barred as against said county.

Sec. 2. Be it further enacted, That the Judge of Probate
of said county, shall catjse a copy of this act to be posted
in his office, and also at the different precincts of said
county.

Sec. 3. Be it further enacted, That all laws or parts of
laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, February 23, 1860.

No. 370 ] AN ACT

To regulate the pay of Commissioners for the county of

Dale.

Sec. 1 . Be it enacted by the Seriate and House of ^Represent -
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, the County
Commissioners for the county of Dale, shall be entitled to
receive two dollars per day, lor each days service, and five
cents per mile traveling to and from their respective courts,
any law to the contrary notwithstanding.

Approved, February 23, 1860.

1859-60.

514

No. 371.] AN ACT

To regulate the fees of Constables in the Beat and Town
of Cahaba. in Dallas Countv.

* V

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General Assembly convened ,
That from and after the passage of this act, that Consta¬
bles in the beat and town of Cahaba shall be allowed

to collect the following fees:

For Serving summons on each witness.... 50

For Levying attachment.. 1 00

For Levying execution... 1 00

For Making money on each execution..... 1 00

aud 5 per cent, on amount collected.

For Carrying a debtor to jail. . 1 00

For Whipping slave by order of J» P., to be

paid by owner. 1 00

For Serving notice on each person therein

named. 50

For Scire facias or notice in nature thereof 1 00
For Taking bail bond for forthcoming of
property or other bond required by
law. 1 00

Sec. 2. Be it further enacted , That all laws and pirfcs
of laws contravening the provisions of this act, be, and the
same are hereby repealed, so far as they relate to the beat
and town of Cahaba, in Dallas county.

Approved, December 17, 1859.

No. 372.] AN ACT

To amend the Mechanics’ Lien Law of Dallas, Pike and

Coosa counties.

Sec. 1. Be it enacted by the Senate and House of Represent -
atrves of the State of A labama in General Assembly convened ,
That every dwelling house or other building hereafter to be
constructed and erected in the State of Alabama, with the
right, title and interest of the person or persons owning or
claiming such dwelling or ocher building, either in law or
equity, whether present, contingent or in expectancy, to¬
gether with the tract ol land or plantation on which said

615

I859~m

dwelling or other building may be erected, if erected on a
body or tract of land in the country, or if erected in any
city, town or village on a lot therein, then the said lot on
which the same may be erected to the amount of one acre^ ebl( ,
of land, if there be one acre more or less, shall be subject
to the payment of the debts contracted for, or by reason of
any work done, or materials found and provided by any
brick-maker, brick-layer stone-cutter, rnason, lime merchant,
carpenter, painter or glazier, iron monger, plasterer, turner,
lumber maker or lumber merchant, or any other person
employed in erecting or furnishing materials for, and in the
erection and construction of said dwelling or other building;
and such persons shall have a lien in law and equity on
such dwelling, building and premises as aforesaid, in pref¬
erence to any other debt or lien, which originated subse¬
quent to the commencement of such dwelling or other
building. And if said dwelling or other building be let
out in whole or by contract to one or more master builders,
or undertakers, for a definite and express sum of money or
other thing, then such sub-contractors and all other persons
contracting to furnish and furnishing labor of every kind,
or materials of any and every kind used in or upon said Pnb . contractor
dwelling or other building in the course of erection and tohavepnonien,
construction thereof, shall have prior lien upon the prem¬
ises as aforesaid, in manner aforesaid, to the extent of their
just and lawful claims: Provided , That their claims as afore¬
said in the aggregate, amount to not more than the sura Pt-ovide*,
contracted to be paid to the master builder or undertaker,
to erect, construct and complete said dwelling or other buil¬
ding, and if the aggregate aforesaid be larger than, the
amount of the contract aforesaid, then all such claims shall
be audited and paid pro rata : And, provided further , That
all such claims shall be presented to the party who is having
such building erected, his or her agent or attorney
within thirty days from ihe completion and delivery by the
undertaker ol such building to the owner thereof; and, on
failure to present any such claim within the time so speci¬
fied, such olairnant shall forfeit his lien on the building
and premises aforesaid. And no lien of any kind in fa¬
vor of the master builders, undertakers, sub-contractors
or persons furnishing labor or materials shall exist, un¬
less the sums shall be recorded in the office of the Pro¬
bate Court of the proper county, or proceedings institu¬
ted for the recovery of the same within nine months
from the date of the completion and delivery to the
owner thereof of such dwelling hotrse or other building.

i859~m

516

Sec. 2. And be it further enacted. That all laws or parts
of laws, contravening the provisions of this art, are here¬
by repealed: Provided, however. That this act shall only
apply to Dallas, Pike and Coosa counties.

Approved, January 80, 1860.

No. 873.] AN ACT

To legalize the establishment of Beat No. 19, in the

county of DeKalb.

Sec. 1. Beit enacted by the Senate, and House of Represent'
ativcs of the State of Alabama in General Assembly, convened ,
That Beat No. nineteen, in the county of DeKalb, be,
and the same is hereby legalized and established as one
of the Bvata of said county, with the same boundaries
as given by the Commissioners Court of said county.

Approved, February 21, 1860.

No. 874.] AN ACT

To repeal a certain act therein named regulating the regis¬
tration of Claims in the county of DeKalb.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama-in General Assembly , convened ,
That the act approved 25th January, 1858, entitle*] “An
Act to regulate the registration of claims against the coun¬
ties af Marshall and DeKdb,” be, and the same is hereby
repealed, so far as the county *>f DeKalb is concerned.
Approved, February 14, 1880.

1859 - 60 .

No. 375.] AN ACT

To authorize the Court of County Commissioners of
Franklin county to build a bridge in the corporation
of Tuseumbia.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale oj Alabuma in General Assembly, converted ,
Thut.the Court of County Commissioners for the coumy of
Franklin may appropriate and set apart, if they deem it
necessary and proper, out of the county taxes assessed and
collected, or to be assessed and collected within the town of
Tnseumbia, the sum of two thousand dollars, for the pur¬
pose of building a bridge across Spring Creek in said town
where the Frankfort road crossessaid creek, near the south¬
western limits of said town.

Sec - 2. Be it further enacted , That the mayor and aider-
men of said town of Tuseumbia shall have full power to
contract for and build said bridge, and when completed,
the County Commissioners’ Court of said county, upon ap¬
plication of said mayor and aldermen, shall draw on the
County Treasurer for said sunt of two thousrnd dollars, to
be appropriated as aforesaid.

Approved, February 25, 1860.

No. 376.] AN ACT

To allow Samuel Corsbie and J. J. Bailey to erect Fish
Traps on Big Bear Creek, in the county of Franklin.

Sec. 1 . Be it enacted by the Senate and House of Represent'
atives of the State of A labama in General Assembly , convened ,
That the privilege of erecting fish traps be granted to Sam¬
uel Corsbie and J. J. Bailey of the county of Franklin;
said fish traps to be located on Big Bear Creek, in town¬
ship four, range bitten, west of Huntsville, upon any lands
belonging to said Orosbieand Bailey : Provided , That said
Crosbie and Bailey do not erect any dam for their traps
exceeding the height of four feet above low water mark.

Sfc. 2. Be it farther enacted , That all persons owning
land on said creek, shall have the like privilege: Provi'
ded , That no person shall in any wise so obstruct the
channel of said stream, so as to prevent the free passage
of water crafts or rafts,

AmtoVED, February 4, 1860.

518

No. 377.] AN ACT

To repeal an aet to regulate the Probate Court of Franklin

County.

Sec. 1. Beit enacted by the Senate and House oj Represent¬
atives of the State of Alabama in General Assembly , convened\
That an act to regulate the Probate Court of Franklin
county, approved February 28 rd, 1858, be, and the same is
hereby repealed.

Approved, December 15, 1859.

No. 378.] AN ACT

To authorize the Court of County Commissioners of the
counties of Franklin and Coosa to make appropriations for
the relief of certain persons therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the court of County Commissioners of the county of
Franklin be, and they are hereby authorized to appropriate
out of the County Treasury, if they deem it necessary and
advisable, the same amount that is now allowed for the sup¬
port of paupers in said county, for the benefit of Isam
Guinn and his wife; also, Isam Stephens and his wife, Sally
Stephens, without requiring said persons to be 'kept in the
Poor House of said county.

Sec. 2. Be it farther enacted That the like powers be,
and the same are hereby conferred upon the Commissoners’
Court of Coosa county for the relief of Janies Hilycr, of
said county.

Approved, February 10, 1860.

519

1859-’60.

No. 879.] AN ACT

To ascertain the sense of the people of Jackson county in

regard to the permanent location of the county site, and

and to provide for building a Court House and Jail.

Sec. 1. Be enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly . convened ,

That on the first Monday in May next, an election shall be Klectlon *
held at the several precincts in Jackson county, at which
all persons shall be entitled to vote, who are authorized to
vote for members of the General Assembly in said county,
those in favor of removing the seat of Justice from Belle-
fonte, shall write on their tickets the word 11 removal,” and
those opposed to removing the seat of Justice from Belle-
fonte, shall write on their tickets the words “ no removal.”

Sec. 2. Be it further enacted , That if at said election a
majority of all the votes cost shall be given for “ no remo¬
val ” then the seat of Justice shall be and continue at Belle-
fonte, and, in that event, it shall be the duty of the Com* ^ 5 ; r °J c c 0 ° u ro r f 8 '
missioners' Court of said county to erect or suitably repair
the public buildings in said county, and they are hereby
empowered to levy such a tax as to* them shall seem advisa¬
ble, make drawings of said building or buildings, prescribe
the material to be used in their repair or erection, as in

case may be. They shall appoint a building committee to mittec
superintend the work, who shall take and subscribe an oath
that they will faithfully discharge the duties of building
commissioners to the best of their abilities, having due
regard to the interest of the county.

Sec. 3. Be it further enacted , That if it shall appear at the E)ection
election to be held as provided for in the first section of this
act, that a majority of all the votes cast are for “ removal
then it shall be the duty of the sheriff of said county to
advertise and hold on the first Monday in August next, and
each and every person entitled to vote shall be allowed to
vote for whatever place he may deem most suitable for the
county site, writing the name of the place so voted for on

his ticket. . . .

Sec. 4. Be it further enacted, That if a majority ot all
the votes cast, at the election provided for in the foregoing
section of this act, shall appear to have been given for any ^
one of the places voted for ; such place is hereby declared to
be the permanent seat of Justice or Jackson county. But if
no one of the places voted fbr shall receive & majority of
all the votes give#, then it shall be the duty of the sheriff

520

1859-60.

Qualification

voters.

Notice of elec*
tions, &c.

to put in nomination the three places which at the previous
election received the greatest number of votes, said election
to be held on the first Monday in September next

Sec. 5. Beit further enacted , That if no one of the three
places voted for shall receive a majority of all the votes
given, then the sheriff of said county shall put in nomina¬
tion the two places which at the last preceding election
Final election, received the greatest number of votes, said election to be
held on the first Monday in October, and the place or local¬
ity then receiving the greatest number ol votes given in
this final election shall be, and is hereby declared to be
the permanent seat of Justice of the county ol Jackson,
of Sec. 6 . Be it further enacted , That the qualification of
electors in any and all of the elections provided for in this
act, shall be the same as is required ol electors for mem¬
bers of the General Assembly, and the said sheriff of Jack-
son county shall give notice by publication in the Bellefonte
Eia, and by written advertisement posted up in each elec¬
tion precinct in the county, at least twenty days preceding
any of the elections provided for in this act, which elec¬
tions shall be held and returns made, and the result declared
in all respects as elections arc now regulated by law.

Court of county Sec. 7. Be it further enacted^ That so soon as the county
commissioners, site is located, in the manner prescribed by this act, then
the Court of County Commissioners shall proceed as di-
m ted in section second of this act to take the necessary
steps to erect a court-house and jail; and, in addition to the
powers granted as aforesaid, they shall have power to pur¬
chase, or receive as a donation, a piece of land sufficient
for said public buildings, the title to which land shall be
conveye t to the county of Jackson, and be and remain the
property of said county, and subject to the control of the
Court of County Commissioners of said county.

Sec. 8. Be it further enacted , That the sheriff of said
county shall be liable for a failure to hold any of the elec¬
tions provided for in this act, to the same penalties that are
now inflicted on sheriff's in this State for failing or refusing
to hold and return elections for members of the General
Assembly, and that he shall receive the same fees for lidd¬
ing each election required to be held by this act, that are
now provided for by law for holding other county elections.

Sec. 9. Be it further enacted , That all laws and parts
of laws contravening the provisions of this act, are hereby
repealed.

Approved, December 17, 1859.

Purchase laud,
kc.

Penalty for not
holding election.

521

1859-’60.

No, 380.] AN ACT

Amendatory of an act to locate the the Seat of Justice in
Jackson county, approved December 17th, 1859.

Sec. 1. Be it exacted by the Senate and House of Represent¬
atives of the State of Alabama in Genet at Assembly, convened,
That it the seat of Justice in the said county of Jackson be
removed from its present location under the provisions of
an act approved December 17th, 1859, the records, papers
and other publie documents belonging to the said county,
are hereby required to remain at the old court house, and
that all of the courts heretofore held in said old court-house
in the town of Bellefonte, shall continue to be held there
until the new one be erected and received by the Court of
County Commissioners, after which they shall be removed
to the new court-house.

Approved, February 18, 1860.

No. 381.] AN ACT

To repeal and amend the Iload Laws in Jackson county.

Sec. 1. Be it enacted by the Senate and House of Represent•
atives of the State of Alabama in General Assembly convened,

That section 6 of an act, entitled u An Act to change the
manner of appointing overseers and apportioned, and ap¬
portioned of roads in the county of Hassell,” approved
January 18th, 1858, be, and the same is hereby repealed.

Sec. 2. Be it further enacted , That the overseers appointed
by the Justices of the Peace in the county of Jackson, as
well as the apportionment of tiie hands made by them un¬
der the provisions of the section above repealed, be con¬
tinued in force until the 2nd Monday in March next,at which
time, and every two years thereafter, it shall be the duty Justices -®*
of the Justices of the Peace, in each district of the county overseers and
of Jackson, to meet in their respective districts and appoint 8pportionh4ut1 **
overseers ot the different pn ciuctsof road in their districts,
and also to apportion all the road hands, liable to road du¬
ty, to the different overseers by them appointed, as to them
may seem just and right. The Justices or the Peace shall Road precioct, ‘
also have power and it shall be their duty to alter, create,
or divide the road precincts in thpir respective districts as

1859 - 80 .

Commission
overseers, kc.

Duty of constable

Justices of the P.
fill vacancies.

Compensation.

One-sixth as toll.

522

to them may seem proper: Provided , That no precinct of
road shall be over live miles in 1 *ngth.

Sec. 3. Be it farther enacted\ That the Justices of the
Pence in each district shall write out a commission to each
overseer by them appointed, which shall be accompanied
bv a list of the hands by them appointed, which commis¬
sion and list shall be delivered to the constable of the dis¬
trict or some other adjoining district, and by him duplica¬
ted so far as the commission is concerned, and then he shall
serve a copy of said commission, accompanied by a list of
the hands apportioned to such overseer, on each overseer of
a public road in his district within ten days after such ap¬
pointment, which may be done by delivering a copy of
such commission and a list of such bands to said overseer,
or leaving them at his usual place of residence, and such
constable shall return the original commission to the office
of the Judge of Probate, who shall fill the same. It shall
also be the duty of said Justices of the Peace to fill all va¬
cancies as they occur in their respective districts, they shall
also make out and return to the office of the Judge of Pro¬
bate, within twenty days after such appointment, a list of
such appointments, which lists shall be kept by him for the
inspection of the Grand Jury.

Sec. 4. Be it further enacted, That it shall be the duty of
the Commissioners Court of said county of Jackson to
allow sa d Justices and Coustables a fair compensation tor
their services requited in this act.

Sec. 5. Be it further enacted , That all laws now in force
against defaulters be continued in full force in the said
county of Jackson, and that no compensation for ex officio
duties so far as the public road service is concerned, shall
be allowed to the sheriff and Probate Judge of said county.

Approved, January 23, I860.

No. 382.] AN ACT

To authorize the owners of Steam Grist Mills in the county
of Jackson to take the sixth as toll for grinding.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, it shall be law¬
ful for the owners of steam grist mills in the county of
Jackson to take the sixth as toll for grinding.

523

1850~m

Sec. 2. Be it further enacted , That the owner of any
steam grist mill in said county taking the benefit of this act
shall be liable to all the pains and penalties imposed bv law
upon the owners of public grist mills in the State of
Alabama.

Approved, February 18, 1860.

No. 883.] AN ACT

To establish and define the line between the counties of
Jackson and DeKalb.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , converted,
That from and after the passage of this act the line between
the counties of Jackson and IleKalb shall be established as
follows: Running from Bynum’s mill in a direct line to E.
B. Thomas’; thence direct to Hiram Falkner’s; thence in a
north-easterly direction to the centre of the mountain on the
Caperton road; thence running northward to Coger’s mill;
thence to John Steels so as to include Coger and Steel in
DeKalb county; from John Steel’s to the south-west cor¬
ner of section six, township three, range ten; thence to the
north-west corner of said section, and thence to the fork of
the creek east of J. C. Miller’s mill, and thence up the east
bank of the north fork of said creek to the Georgia line,
near H. B. Cameron’s.

Sec. 2. Be it further enacted , That all laws and parts of
laws contravening the provisions of this act be, and the
same are hereby repealed.

Approved, February 25, 1860.

No. 384] AN ACT

To authorise the Court of County Commissioners of Lime¬
stone County or any person or persons to build one or
more bridges across Elk River in said County.

Sec. 1 . Be it enacted hy the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That the court of county commissioners of Limestone
county, or any person or persons, are hereby authorised

1859-m

524

Penally.

and empowered to build one or more bridges across the
Elk river, in said county, whenever they may think proper
to do so : Provided, however. That any bridge ereeieu under
the authority of'this act shall not in any manner obstruct,
impede or interferwith the navigation of said river.

Approved, February 24, 1660.

No. 385.] AN ACT

To amend An Act therein named, in regard to the Court
of County Commissioners of Limestone Count} 7 .

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,
That section six of An Act to authorize the court of
county commissioners of Luneat-one county, State of Ala¬
bama to s lbscribe to the capital stock of the Tennessee and
Alabama Central Railroad Company, passed December 14th,
1*55, be, and the same is hereby amended by striking out
after the words “ enacted,” the words “that the ta\ col¬
lector,” and insert in lieu thereof, the words, “that a tax
collector shall be appointed by said court, who.”
Approved, February 21, 1860.

No. 386.] AN ACT

To prohibit the sale of intoxicating liquors within certain
limits in Limestone County.

Sec. 1. He it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act it shall not be
lawful for any person except physicians and licensed drug¬
gists to sell, exchange or barter away for money or other
valuable consideration with the corporate limits of the town
of Athens, in Limestone county, or within a distance of
three miles in any direction from said corporate limits any
quantity, large or small, of any spirituous, vinous or intoxi¬
cating iiquors, and any person so violating tbe provisions
of ttiis act shall be liable to he indicted by the grand jury
of said county, and on conviction, shall for the first offense
be fined in a sutn not less than fifty nor more than one

hundred dollars, and for the second and for every suhse-
quc'nt offense shall in addition to said fine be imprisoned in
the county jail for three months.

Sec. 2. Be it further enacted, That this act shall be Not to Rffect uo
deemed and considered in law* a public act, and shall be ex P 5red Ucett8C ‘
judicially taken notice of without being specially pleaded:

Provided, That this act shall not be construed to prevent
any person now licensed to retail spirituous liquors from
continuing to retail within the limits named in this bill
under the said license until the same expires by its own
limitations.

Sec, 3. Be it further enaetd % That all the provisions of
the two preceding sections shall apply to the town of
Mooresville, in said county, and all the territory in said
county within four miles of the Masonic Hall in said town.
Approved, February 6 , 1860.

No. 387.] AN ACT

t ' y ;>

To amend An Act to regulate the fees of the Judges of
Probate for Lowndes and Macon Counties.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Ahdumta in General Assembly convened ,
That An Act approved February 6th 1858, to regulate the
fees of Probate Judges for Lowndes and Macon counties be
so amended that when there shall be a contest upon ad¬
mitting a will to probate in eh her of said courts, the
judges shall be entitled to the same fees for each day they
are engaged in the trial of said contest as is now allowed
by said act for admitting a will to probate.

Approved, February 24, 1860.

No. 388] AN ACT

To pay Witnesses and costs in Lowndes and Mont¬
gomery Counties in certain cases.

SEC. 1. Be it enacted by the Senate and House of Represent*
aiives of the Stale of Alabama in General Assembly convened^
That the treasurers of the respective bounties of Lownues
and Montgomery be, and they aresbefeby required to pay

526

Urmia.

the witnesses for the State and costs of court incurred by the
State in the cases of the State against Pack, Anthony, Ben
and Prince, slaves belonging to Jackson Harrison, and
which slaves were pardoned by the Q-overnor of the State :
Provided , That the county treasurers for each county shall
pay only so much as was incurred in their respective coun¬
ties, and the same shall only be paid in the certificates of
the circuit clerks of said counties which they arc hereby
required to make to the parties entitled.

Approved, February 8, I860.

No. 3S9J AN ACT

To authorized the Probate Judge of Madison County to
Act as Guardian in a certain case.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That James H. Scruggs, Judge of the Probate court of
Madison county may act as guardian of the minor heirs of
Robert S. Brandon, deceased : Provided , That the said
Scruggs shall give bond and security to the register of the
chancery court for said county, and shall settle with the
said register, under the rules regulating the settlements of
guardians with the probate court.

Approved, February 21, 1860.

No. 390.] AN ACT

To regulate the working of a certain road in Madison

County.

Sec. 1. Be it enacted by the Senate arid House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That from and after the passage of this act it shall be the
duty of John T. Hayden, John H. Poor, A. J. Wood, D.
C. Humphreys and William Fleming, to keep in good
repair the public road leading from Owens’ old mill through
the lands of the above named persons in the county of
Madison.

Sec. 2. Be it further enacted , That the said named per-

sons shall appoint their own overseer and work said road
at any time said overseer may appoint.

Sec. 3. Be it further enacted, That the said Hayden,

Poor, Wood, Humphreys and Fleming, shall be liable to LiabSUtica
work on said road as other hands are required to work on
public roads, and the overseer appointed by them shall be
subject to all the penalties of defaulting overseers.

Sec. 4. Beit further enacted , That while said named Exemptfrem
persons keep said road in good order, they and their sev* working other
eral hands shall be exempt from working on any other roa ’
public road in said county.

Sec. 5. Be it further enacted , That all laws and parts of
laws contravening the provisions of this act, are hereby
repealed.

Approved, February 24, 1860.

No. 391.] AN ACT

To prevent the sale of spirituous liquors within three miles
of the Town of Triana, Madison County.

Sec. 1. Be it enacted by the Senate and House erf Represent¬
atives of the State of Alabama in General Assembly convened ,

That Irorn and after the passage of this act, it shall not be
lawful for any person or persons to sell, vend or exchange
or barter away for money or other consideration of value,
or for the promise or expectation thereof, within the cor¬
porate limits of the town of Triana, or within a distance of
three miles in any direction from said corporate limits, any
brandy, gin, rum, whiskey, wine or other spirituous or
vinous, or intoxicating liquors in any quantities, large or
small, and any person so violating the provisions of this act
shall be liable to be indicted by the grand jury of said
county, and on conviction, shall for the first offense be Pena i ty#
fined in a sum not less than fifty nor more than one hun¬
dred dollars, and for the ^second and for every subsequent
offense shall in addition to said fine be imprisoned in the
county jail three months.

Sec. 2. Be it further enacted, That it shall not be lawful H nMtoM
hereafter for the probate judge of said county to grant any granted,
license to any person or persons to sell barter, or exchange
any spirituous or vinous liquors contrary to the provisions
of the first section of this act.

Sec 8 . Be it further enacted, That nothing herein con-

1859-60.

528

Ho«*s not effect
physicians.

tained shall be so construed as to prevent physicians and
druggists from kcecping vinous or spirituous liquors for
medicinal purposes, and administering the same to their
patients.

Sec. 4, Be it father enacted , That this act shall be
deemed and considered in law a public act, and shall be
judicially taken notice, of without being specially pleaded :
Provided , That this act shall not be so construed as to pre¬
vent any licensed retailer within the limits named in this
bill from continuing to retail under said license until the
same expires by its own limitation.

Approved, February 24, I860*

No. 302.] AN ACT

To authorize the completion of the final Records of the
Circuit Court of the County of Marengo.

Sec. 1. Be it enacted hy the Senate and House of Represent¬
ed ives of the State of Alabama in General Assembly, convened,
That the clerk of the circuit court of the county of Ma¬
rengo, be, and he is hereby required and it is made part of
his official duties to complete the final records of said court
left unfinished by his predecessors in office, for which he
shall be entitled to such compensation as the court of
commissioners of said county may allow, not to exceed the
fees now allowed by law for making final records, to be paid
out of any moneys in the county treasury, not otherwise
appropriated.

Approved, February 9, 1860.

No. £93 ] AN ACT

To repeal and amend the Road Laws, so far as they are
applicable to certain townships east of the Tombeckbee
river and lying in Marengo county.

Sec. 1. Be it enacted by the Senate and House of Represent -
at ives of the State of Alabama in General Assembly convened ,
That the present laws so far as they are applicable to the
following townships east of the Tombeckbee river, viz:
Townships seventeen and eighteen, in range two, three, four,

Limits.

529

1859 -’ 60 .

five and six in Marengo county, be repealed so far as tliey
are in conflict with the provisions of this act, and that the
following provisions be adopted for these townships, viz:

Sec. 2. Be it farther enacted , That an annual tax be im- Tax
posed upon each person and hand liable to work on roads,
not to exceed live dollars each, to be assessed and collected
as hereinafter provided.

Sec. 8. Be it further enacted, That one superintendent guperintemleriUl
of public roads be elected by the qualified voters in each t? be

1 . ■» f J \ L r r ,i then* unties.

township named, to serve for the term ox lour years, those
superintendents when so elected to form a board of road
commissioners for said townships, with power to assess on
each person and hand liable to road duty in said townships
a tax not to exceed the amount stated, and cause the same
to be collected, <and to expend the same or so much thereof
as may be necessary to keep the roads and such bridges as
are usually kept up by road hands in said township in good
order and repair, by letting the same out to the lowest
responsible bidders, after giving public notice for thirty
days, and taking bond with security for the performance of
the duty.

Sec. 4. Be it further enacted , That the Justices of the Section.
Peace in each township named in this act, or if no Justice
of the Peace, then any two freeholders of said township to
be selected by the Judge of Probate for Marengo county,
shall after giving thirty days notice of the time and places,
hold an election in each township for the election of a
superintendent for each township as above provided, said
election to be governed by the laws now in force regulating
the election of Justices of the Peace as far as applicable.

Sec. 5. Be it further enacted , That it shall be the duty of
the superintendent in each township to procure a list of
hands liable to do road duty, on or before the first day of
May in each year, and report the list of hands Ijable to do
road duty on said first day of May, to the board of road
commissioners, provided for in the third section at a meeting
of the said board to be held within the limits of said town¬
ships, at such time and place as may be designated by them,
after giving twenty days notice by posting up advertise¬
ments in two or more public places in each township), and
at such meeting, the board shall assess the the tax to be Assessment,
imposed on each hand for that year, which assessment shall
have all the force and effect of an avssessment of taxes made
by the tax assessors, as now provided by law.

Sec. 6. Beit further enacted, That any person having
34

1859 - 60 .

Liabilities.

Commissioners
to make list of
taxes.

Liabilities of
contractors.

530

hands liable to do road duty within the townships aforesaid
may appear before the board of road commissioners in
person, or through his or her agent, at their meeting pro¬
vided for in the preceeding section, and elect whether he
will pay the assessment or furnish his hands to work for
ten days on the public roads, and if he elects to furnish his
hands, then they shall be subject to the call of any road
contractor working on a public road, any part of which is
within three miles of the place where such hands reside,
and upon failure to furnish them, upon such notice as is
now required by law to be given for hands summoned to
work on public roads, shall be liable to pay for each days
default of each hand the sum of one dollar, to be recovered
by suit as is now provided for by law in cases of road
defaulters in other cases, and such suit may be brought in
the name of the board of road commissioners, to be paid
into the county treasury and held subject to the order of
the board of road commissioners aforesaid.

Sec. 7. Be it further enacted , That in the event any person
within said township shall elect to furnish his or her hands
to work on the public roads for ten days instead of paying
the tax assessed against him or her, then it shall be the
duty of the board of road commissioners to assign such
hands to the contractor or contractors under whom they
shall work, who shall have the right to call for their labor
at such times as they may think proper.

Sec. 8. Be it further enacted , That such board of road
commissioners, shall make out and certify a list of the taxes
assessed by them, as provided for by section five, show¬
ing the amount that each person is liable for under such
assessment and the number of hands assessed to him or her,
and hand the same over to the -tax collector of the county
by the first day of July of each year, whose duty it shall
be to collect the same, as now provided by law for the col¬
lection of other taxes, and pay tlie same over to the county
treasurer by the first day of January thereafter, and the
tax collector and county treasurer shall receive the same
compensation, and they and their securities shall be liable
in the same manner and to the same extent as is now pro¬
vided by law in reference to county taxes, and in case of
default may be proceeded against in the same way and in
the name of the board of road commissioners.

Sec. 9. Be it fwither enacted , That in the event any of
the roads in the territory herein provided for, shall be out
of repair, the contractor or contractors who may be bound
by their contracts to keep the same in repair, shall be liable

531

1859 - 00 .

to indictment and punishment in the same manner as is
now provided by law for overseers of roads.

Sec. 10. Be further it enacted, That no irregularity in the
mode of assessment or want of proper notice thereof, shall
vitiate the same, but the commissioners shall be responsible
therefor, at the suit of any person injured.

Approved, February 10, 1860.

No. 394.] AN ACT

To re-enact the provisions of an act, entitled an act to locate
permanently the seat of Justic in Marion county, approved
2d February, 1858.

Sec. 1. Be it enacted hy the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That all the provisions contained in the act entitled “an
act to locate permanently the seat of justice in Marion
county/ 7 approved February 2d, 1858, be, and the same
are hereby re-enacted and made of as full force as if they
were now for the first time enacted ; and that everything
that might have been done before and on and after the first
Monday of August, 1858, under the aforesaid act, may be
done before and on and after the first Monday in August
next, under the provisions of this act.

Approved, February 24,1860.

No. 395.] # AN ACT

To appoint Commissioners to examine and report the con-
condition of the public offices in Marion county.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,
That Davis 13. Hall, Washington Webster and William
Brown, of the county of Marion, be, and they are hereby
appointed commissioners for the following purposes, to-wit:
1st. They shall meet iD the town of Pikeville in said county
of Marion, on the first Monday in May next, or soon
thereafter a3 convenient, and proceed to examine the con¬
dition of the books, papers, accounts and all other matters
appertaining to the office of the Probate Judge, the Treas-

1859-TO.

532

urer, Circuit Clerk and the Sheriff of said county. 2nd.
They shall make in writing a full and correct written state¬
ment and report of the condition of said offices and all
things appertaining thereto, which report signed by them,
shall be returned to the Fall term of the circuit court for
said county for the year 1800, then to be by the circuit
court clerk entered of record, and the said commissioners
shall also cause the said report or suitable extracts therefrom
to be published in the Fayetteville Banner, a newspaper
published in Fayette county.

Sec, 2. Be it further enacted , That said commissioners
shall receive the sum of two dollars per day for every day
they are engaged in making said examination, report and
causing the same to be recorded, tojbe paid out of the county
treasury.

Approved, February 9, 1860.

No. 896.] AN ACT

To consolidate the offices of Tax Collector and Assessor
in the county of Marion.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama m General Assembly convened ,
That from and after the passage of this act, that the offices
of tax collector and tax assessor for the county of Marion,
be, and the same are hereby consolidated.

Sec. 2. Be it further enacted , That on the first Monday
in August 1861, and every two years thereafter, there shall
be elected by the qualified voters of sard county of Marion
an assessor and collector, whose duty it shall be to assess
and collect the State and county tax for said county, and
who shall receive such compensation as is or may be allowed
by law.

Sec. 3. And be it further enacted. That all law's and parts
of laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, January 23, 1860.

533

1859-60.

No. 397.] AN ACT

To legalize and confirm certain payments by the Tax

Collectors to the Tax Assessors of Marion county.

Sec. 1. Be it enacted by the Senate and House of Represent'
aiives of the State oj Alabama in General Assembly, convened ,
That whereas the tax collectors of Marion county have for
the years 1853, 1854, 1855, 1856, 1857, 1858 and 1859,
paid to the tax assessors of said county the same per centum
for the assessment of the county tax as was paid them for
the assessment of the State tax, therefore the said payment
to the said tax assessors heretofore made, or to be made for
the said years above mentioned by the said tax collectors,
arc hereby ratified and in all things confirmed, any law to
the contrary notwithstanding.

Approved, January 25, 1860.

No. 398.] AN ACT

In relation to the practice in Justices Courts in Marshall

County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly conveyed,
That no licensed attorney who is, or may be a Justice of
the Peace of Marshall county, shall after the passage of
this act, be permitted to practice in the justices courts of
the beat of which he may be elected.

Approved, February 23, 1860.

No. 399.] AN ACT

To regulate suits brought before Justices of the Peace in

Marshall county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly convened ,,
That all laws heretofore enacted allowing defendants in
Marshall county in this State to be sued out of the beat in
which they live, or the beat in which the contract was made,
be, and the same are hereby repealed ; and that all suits

1859-’60.

534

hereafter brought in said county before Justices of the
Peace, shall be governed by the law of the code of Alabama
made and provided in such cases.

Approved, January 2d, I860.

No. 400.] AN ACT

To prevent the increase of Paupers in Marshall county.

Sec. 1. Beit enacted by the Senate and House of Represent *
at ires of the State of Alabama in General Assembly convened ,
That any contractor or contractors of any of the railroads
of Marshall county, who shall employ from other counties
other than said county of Marshall, laborers to work upon
said road or roads, and said laborers become paupers and a
charge upon said county, that said contractor or contractors
shall be personally liable to said county of Marshall for the
amount expended in the support of said paupers, to be
recovered by suit instituted by the county treasurer of said
county.

Approved, February 25, 1860.

No: 401.] AN ACT

To authorize the Court of County Commissioners of Mar¬
shall county, to levy a special tax for the relief of certain
persons therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the court of county commissioners for the county of
Marshall, be, and they are hereby authorized to levy a
special tax on the citizens of said county, if they deem it
advisable, sufficient to pay the costs of the suits ol the
State against James Cook and John Fugate charged with
the offence of counterfeiting.

Approved, December 17, 1859.

No. 402.] AN ACT

To settle the term of office of the County Treasurer of

Marshall county.

Sec. 1 . Be it enacted by the Senate and Home of Represent¬
ative* of the State of A labama in General Assembly convened ,
That the term of office of the county treasurer of Marshall,
elected on the first Monday in August, 1859, shall in order
to conform to elections previously made by the commis¬
sioners court of said county, and not to conflict with the
term of office of previously elected officers, shall begin on
the first Monday of August, 1 1 60, and said officer so elected
shall hold his office for the period now fixed by law, from
the first Monday of August, 1860.

Approved, February 21, 1860.

No. 403.] AN ACT

For the improvement of the Bay and Harbor of Mobile.

SEC. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,

That the collector of customs for the port of Mobile, the M r> &c ^ com .

Mayor of the city of Mobile, and the President of the board missionc™.’

of revenue for the county of Mobile, and their successors in

office, be, and are hereby appointed ex-officio a board for

the purpose of causing the bay and harbor of Mobile to be

deepened and improved, which board shall be styled the

Board of Harbor Commissioners, a majority of whom shall

have power to act in all matters hereinafter provided for,

and said Board of Harbor Commissioners shall receive from ,

the funds hereinafter provided a salary of five hundred

dollars each per annuMfe, and in the event any of the above

named officers shall refuse to act or qualify, the vacancy

shall be filled by the commissioners of the board of revenue

for the county of Mobile.

Sec. 2. Be it farther enacted , That each member of said
Board of Harbor Commissioners, shall, before entering upon
the duties of his office, take and subscribe an oath in writ- oath,
ing before the judge of the probate court of Mobile county,
well and truly to perform the duties imposed on him by
said office, which oath shall be filed and recorded in the
office of said judge of probate. The said board shall have

1859-60.

536

Make rules, &c. p 0wer to prescribe such rules, regulations and by-laws not
inconsistent with the laws of this State and this charter, as
to said board shall seem necessary to or proper for the gov¬
ernment and regulation of its officers, agents or servants,
and for executing, maintaining and managiug the work
hereinafter provided for.

Sec. 3. Be it further enacted , That said Board of Harbor
Cau.echanneUo^ omm i ss i° ners shall have, and are hereby given power and
be opened. authority to cause a channel, at least three hundred feet
wide, to be opened and kept open from the place of anchor¬
age in the bay of Mobile, known as “ the lower anchorage”
to the city of Mobile, of such depth, not less than fifteen
feet at low-water, as said board shall deem feasible and
desirable for promoting the commerce of the city of Mobile,
and for that purpose they are hereby authorized and it is
Employ engineer ma ^° their duty to employ a competent engineer at a salary
--salary' h e iiot exceeding three thousand dollars per annum, whose
Duty of engin’r. duty ^ shall be under the direction of the board, to survey
and lay off said channel, and to furnish said board with
maps, plans and profiles of the work with an estimate of
the cost, and to superintend the measuring, excavating or
Contract for <uz- digging of the same; and after said channel shall be located
sing &c. and staked off by said engineer, the contract for digging or
excavating the same, shall be let out by the cubic yard,
Notice. after three months advertising in five of the leading news-

c . , , papers in the United States: and sealed proposals shall be

required of the bidders, giving their names, residence and
sureties, and all contracts shall be awarded to the lowest
bidder, who can give full and ample security for the faithful
performance of the work: Provided, however , That if no
bid shall come within the estimate of the engineer, the com¬
missioners shall not be bound to accept it, but shall have
authority to re-advertise the letting of the work. The said
harbor commissioners shall not be allowed to lend or
advance to any contractor or to any other person, money
to build or equip any boat, vessel or machine, nor shall
they be allowed to own any boat, vessel or machine, or any
other species of property, except such boat as may be neces¬
sary for engineer to survey and lay off the work and
to superintend and measure the excavation and digging,
nor shall they or any officer employed by them, be in any¬
way interested in any such boat, vessel, machine or other
property used, or to be used in the prosecution of said work
or in any profits arising from such use; nor shall they be
allowed to advance any money to contractors for work not
yet done, but it shall be the duty of the engineer to measure

Lowest bidder.
Proviso.

Not to advance
money.

Nor own boat.

Duty of engin’r.

637

1859-m

tlie excavations weekly, and to issue kis warrant on the
harbor commissioners to the contractors for work done,
which warrant shall be paid on presentation, and no con¬
tractor shall receive any money except on such warrants.

And it shall be the duty of said board of harbor commis- competent clerk,
sioners, to employ a competent clerk at a salary not exceed¬
ing fifteen hundred dollars per annum, whose duty it shall
be to keep a record of their proceedings and full and cor¬
rect accounts and books of all their receipts and disburs- Record books
merits, which record books shall at all times be open to the open *
inspection of the board of revenue of the county of Mobile,
by a committee duly appointed for that purpose, and the
said record books and accounts, shall also be open at all
times to the inspection of the Governor of Alabama or any commissioner 0 ^ 1
person by him appointed for that purpose, and the Gover- Ac *
nor of the State is hereby authorized to appoint a commis¬
sion of three persons to examine said record books and
accounts and the work done in the excavation of said chan¬
nel, to see that such work corresponds with the books, on commission to
the first day of November of each year, which commission ma crepor ’ °*
shall make a full report of the proceedings of the harbor
commissioners and of the work done under their direction
for the preceeding years to the Governor, to be by him laid
before the next General Assembly of the State of Alabama;
and it shall further be the duty of said harbor commission¬
ers to make full and complete reports semi-annualty of their Semt-annuai rc~
proceedings and of their receipts and disbursrnents, and 0 f ports *
the progress and state of the work, which semi-annual
report shall be signed by the clerk of the board and coun¬
tersigned by the auditor of the county of Mobile, who torh;iYeftC
shall have free access to the record books and accounts of cess to books, <fcc.
the board, in order to ascertain if such reports are correct,
which semi-annual reports, when so signed, shall be pub* pushed? be
lished for one week in one of the newspapers in the city of
Mobile. Said engineer shall before entering upon his Engineer to give
duties, give bond with good securities, to be approved by b0Dd '
said board of harbor commissioners, in such sum as said
board shall designate, payable to said board, conditioned
for the faithful performance of the duties of his office, which
bond shall be filed in the office of the judge of probate 0 f Bondtobe med *
Mobile county, and for any violation of said bond a recovery
may be had thereon, by suit in the name of said harbor
commissioners in any court of competent jurisdiction. Said
board shall have power to remove the engineer, clerk or ®° 0Y r e d X^ r r 8 e '
other officer or agent employed by them, for any misfea¬
sance or malfeasance in office.

1859-60.

538

Issue bonds,

Same may be
sold, &c.

Provided,

Annual tax.

Tax assessor.

Tax collector.

Sec. 4. Beit further enacted, That to aid said board in the
performance of its powers and duties under this act, the
president and commissioners of revenue for said county of
£ C Mobile, are hereby authorized and required from time to
time, and as the same may be called for by said board of
harbor commissioners, to issue the bonds of the county of
Mobile with coupons attached for annual interest at eight
per cent, payable semi-annually to bearer, in sums of not
less than live hundred dollars each, and payable at such
times, not more than twenty years from date, and at such
place or places, as to said president and commissioners of
revenue shall seem best, which said bonds shall be made
redeemable at any time earlier than the time mentioned on
the face thereof, at the election of said president and com¬
missioners of revenue of said count}^of Mobile; said bonds
shall be signed by the president of the board of revenue,
and countersigned by the auditor of the county of Mobile,
and shall be handed over to said board of harbor commission¬
ers to be sold, and the proceeds to be applyed to said work, as
the necessities thereof may require, and as authorized by
this act: Provided\ That the whole amount of county bonds
issued under this act, shall not exceed the sum of eight
hundred thousand dollars exclusive of interest.

Sec. 5. Be it further enacted , That for the purpose of
giving credit to said bonds and providing the means of pay¬
ing the interest upon them, and meeting the principal
thereof, said president and commissioners of revenue shall
cause to be assessed and collected from the county of Mobile
for a term not exceeding ten years, an annual tax not ex¬
ceeding twenty cents upon each hundred dollars of taxable
property within said county, with the assessing of which,
the tax assessor who now is or may be for said county of
Mobile, shall be charged under such obligations, liabilities
and duties as are now, or may hereafter by law be imposed
for assessing the ordinary county taxes for said county ; and
said tax shall be collected by the officer that now is or by
law may be charged with the collection of taxes for said
county of Mobile, and said officer shall deposit said taxes
monthly in the Bank of Mobile to the credit of the presi¬
dent and commissioners of revenue of said county, and said
tax collector shall be liable for and in respect to the same
or for neglecting to collect the same, in the same manner,
and to the same extent that he now is or by law may be,
for and on account of the ordinary taxes of said county.

Sec. 6. Be it further enacted , That to further provide for
the payment of the interest on and the principal of the

539

bonds to be issued under this act, the President and com¬
missioners of revenue of Mobile county, be, and they are
hereby authorized to cause to be collected by the tax col¬
lector of said county from the master, owner, consignee, or Six cent3 toa
agent of each and every vessel coming into the port 0T oneachve8Wl -
harbor of Mobile, six cents per ton of every such vessel.

The tonage of such vessel to be ascertained by reference to
the register or enrollment of such vessel; and every vessel
becoming liable to pay the impost herein laid on its tonage,
shall be subject to a lien therefor, which lien may be en¬
forced in the name of the President and commissioners of
revenue of Mobile county, in the same manner as statutory
liens upon vessels in favor of individuals arc now enforced
by the laws of Alabama. Said President and commission¬
ers of revenue may, however, at their election sue for and re¬
cover the same against any owner or owners of such vessels
in any appropriate, ordinary civil action : Provided , how- Provided.
ever, That said tax or impost on tonage shall not be collected
for a longer period than ten years, and not more than once
in any one year, on any vessel.

Sec. 7. Be it further enacted , That to still further aid
in the improvement contemplated by this act, and provide
means for paying the interest and principal of tbe said
bonds, the one-fifth part of the revenue that may hereaf¬
ter be annually collected in the county of Mobile, for the onatMHK
use of this State be, and the same is hereby relinquished
and donated to the President and Commissioners of revenue
of Mobile county, to be applied by them to the payment of
the principal and interest of said bonds, and the tax collec¬
tor of said county is hereby authorized and required,
monthly to deposit in the bank of Mobile, to the credit of
said President and commissioners of revenue, the one-fith
part of the taxes so collected by him: ProvidedJiowever, That
such relinquishment and donation shall not continue for a
longer period than ten years after the passage of this act:

Provided , fwther, That this section shall not become opera* Pnmded *
tive until the President and Commissioners of Mobile
county shall have imposed the tax of twenty cents on each
hundred dollars of taxable property within said county, as
authorized by the fifth section of this act: And, provided
further , That if at any time before the expiration of ten
years, the President and Commissioners of revenue of
Mobile county shall discontinue the said tax of twenty
cents, then from the date of such discontinuance, the relin¬
quishment or donation provided for in this act shall
cease.

540

Moneys—how

applied.

River to be i
proved.

Tolls to be col¬
lected.

Provided.

Sec. 8. Be it further enacted , That the moneys derived
from the special tax, the impost on tonnage, and the relin¬
quishment or donation provided under this act, shall be
first applied to the payment of such interest as may be due
or next accruing after the collection of said moneys, or any
part of them, and the balance of the money on hand shall
be applied to the payment of any of the bonds issued under
the authority of this act, and it shall be the duty of the per¬
sons charged with the assessessment and collection of any
of said moneys to collect the same separate and apart from
the ordinary county tax, and separate and apart from the
assessment and collection of any other tax, with which they
or either of them in ty or shall be charged.

Sec. 9. Be it further enacted , That when said Board of
Harbor Commissioners shall have completed a channel of
three hundred feet wide, and fifteen feet deep at low water
from the place of anchorage, in the bay of Mobile, known
as “the lower anchorage,” to the city of Mobile, said
Board is authorized to make such improvement in the
Mobile river in front of the city of Mobile, and as far up as
the head of Spanish river, as to them may seem necessary
to the commerce of said city, not interfering with private
rights.

Sec. 10. Be it further enacted , That when the naviga¬
tion of said bay and harbor of Mobile is so improved by
the channel contemplated by this act, as to admit vessels
through it direct to the wharves of Mobile at low tide,
drawing eight or more feet of water, the Board of Revenue
for the county, of Mobile shall have power to collect from
each vessel coming to said city drawing eight feet or more
of water, a toll of six cents per ton, said toll to be applied
as a sinking fund to redeem the bonds of the city of Mobile,
issued for this work, which may be outstanding, after the
means heretofore provided tor that purpose may be ex¬
hausted : Provided ) said toll shall not be collected for .a
longer period than may be necessary for that purpose, and
any vessel liable to pay said toll shall be subject to a lien
therefor, to be imposed in the name of the President and
commissioners of revenue for the county of Mobile, in the
same manner as statutory liens upon vessels in favor of in¬
dividuals are now enforced. Said Board of Revenue Com¬
missioners, however, may at their discretion sue for and
recover the same of any owner o( such vessels in the name
of the President and Commissioners of said Board.

Sec. 11. Beit further enacted. That said President and
commissioners of revenue for Mobile county, shall cause a

541

1859-60.

record to be made and kept of eacfi requisition upon them
by said Board of Harbor Commissioners, the original of
which requisition shall be by them filed and kept, and shall
also keep a record of all bonds issued under this act, and of Recordt0 be
all coupons and bonds redeemed or paid, and shall as each^ 1 -
coupon or boud shall be taken up, cause the same to be
canceled, and filed and kept; and it shall be the duty of
the Auditor of the county of Mobile, under the direction of
said President and commissioners of revenue to keep the
record as above described.

Sec. 12. Be it further enacted , That said President
and Commissioners of Revenue of Mobile county shall , ,, , a

, - i / Sinking fond.

each year, and as early as practicable, ascertain what
amount of money will be on hand as a sinking fund for
the redemption of the principal of such bonds as may be
issued, and shall apply the same to the payment of said
bonds in the order with which they may be issued, and
shall ascertain and publish under such rules and regula¬
tions as they may prescribe, the sum in hand, and the bonds
to which it is applicable, calling on the holder to present
the same for payment, and on and after ninety days from
the expiration of said notice, such bonds so designated shall
cease to draw interest, although not presented: Provided,
however , That the funds set apart for their payment shall rov ‘ et ‘
be and remain on hand at any and all times subject to pay
the same.

Sec. 13. Be it further enacted , That the city of Mobile
is hereby authorized and empowered to build wharves inEt? ves t0
front of the foot of the streets of said city, and to hold the
same and regulate the use thereof, for the benefit of the
commerce of said port: Provided , however , That nothing
in this act shall be so construed as to abridge in any man- Pr0TMed .
ner the right of the State of Alabama, to abate any wharf
or wharves within said city, should they become public
nuisances; and the city of Mobile is hereby entitled to, and
shall become possessed of all lands made by the deposits of
all excavations in the progress of this work, and it shall be
the duty of the engineer to see that the said excavations
are deposited with a view to that end, at some point or
points to the westward of the western line of said channel
to be dug, nor shall any excavations be deposited to the
east of said channel, and prior to the commencing of said
excavations, it shall be the duty of the harbor commission¬
ers to make arrangements with the owner or claimants of
riparian lands that may be suitable for the deposit of said
excavations, to convey the same to the city of Mobile for

1859 -’ 60 .

542

Deposits to be
trmde below
Choctaw Point.

Bonds to be sold.

Not misapply
funds.

the purpose aforesaid; and in the event the owners or claim-
ants of said riparian lands, refuse to convey the same to the
city of Mobile, the harbor commissioners shall have the
power to cause a jury 6f twelve freeholders to be empan-
neled to condemn said lands to the use of the city for the
purpose aforesaid, and the jury shall award to the owners
or claimants of such lands, such damages as they may judge
they have sustained by such condemnation: Provided\ how¬
ever, That the owners or claimants of such lands shall
be allowed and paid the value of said lands to be assessed
by the jury, and that before said jury proceed to act under
this section, the owners or claimants shall have at least ten
days notice of the time and place of such examination and
assessment; And provided , That either party shall have
the right of appeal from the award to the first term there¬
after of the city court of Mobile, or the circuit court of
Mobile county, which court shall proceed to try the matter
in issue de novo : Provided, farther, That if it be frand im¬
practicable to make such deposits upon any of the lands
that may be acquired by the city of Mobile, under this sec¬
tion above Choctaw point, or that the same cannot be done
without so much outlay of money, as to prevent or mate¬
rially interfere with the deepening and widening of said
channel throughout its whole length, then in tnat event
said deposits are to be placed below Choctaw point, at least
one hundred yards to the west of the western line of said
channel, and the land thus made or begun to be made along
the line of said channel shall belong to and be owned by
the city of Mobile.

Sec. 14. Beit further enacted, That the Board of Harbor
Commissioners shall only call for the bonds of the county
of Mobile, as they shall be wanted for beginning and pro¬
secuting the work, authorized by this act, and shall receipt
for the said bonds, in duplicate, and shall sell the same on
such terras and conditions as may be determined upon by
said Board of Harbor Commissioners, and the President
and Commissioners of Revenue of Mobile county, and shall
deposit all funds arising from the sale of the same in some
corporate bank in said city of Mobile, in good credit, and
shall also deposit in such bank all unexpended funds re¬
ceived by them for the improvement of the bay and harbor
of Mobile, and shall draw the same only in checks, signed
by a majority of said Board.

Sec. 15 . Be it further enacted. That any member of the
Board of Harbor Commissi merfc, or of the Board of Re¬
venue of the county of Mobile, or engineer, plerk, or

543

1859 -' 60 .

other officer of said hoards, who shall misapply to any pur¬
pose not contemplated by this act, any of the ftands or
moneys subjected by this act to their control or manage¬
ment, shall for each and every such act be guilty of the Penalty,
crime of embezzlement/ and shall be indicted therefor, and
on conviction, shall be imprisoned in the penitentiary not
less than three nor more than five years, and such member
or officer shall be liable civilly, for any liability incurred in
reference to the funds provided for improving the bay and
harbor of Mobile, to be recovered by suit in the name of
the President and Commissioners of Kevenue of the county
of Mobile, and the member or officer who shall have so
used or misapplied atiy of such funds shall no longer be
permitted to hold bis place aforesaid.

Sec. 16. Beit further enacted. That the number of the Port waj>dens ^
port wardens for the port of Mobile, shall be increased to<*eaie<i. v
five, the additional two to be appointed as now provided
by law for the appointment of port wardens For said port.

Sec. 17. Be it further enacted , That in addition to the
duties now required of the port wardens of said port, itDaties of port
shall be their duty to regulate the anchoring and moving warden8 ‘
of vessels in said port and bay of Mobile, under the direc¬
tion of the authorities of said city, in like manner to pro¬
vide for the removing of wrecks from the same, to prevent
the throwing of oyster-shells and any and all substancesin-
to said wafers, calculated to injure their navigability, to
direct and superintend the disposition of ballast in or on
any* vessel corning into said bay or port, and the corporate
authorities of the city of Mobile are empowered to make
such ordinances, by-Iayrs and regulations touching such
matters as may be necessary or proper for securing tne bay
and port of Mobile, from obstructions or injuries to its

navigation.

Sec. 18 . Beit further enacted , That whenever any ves¬
sel in said bay or port of Mobile discharges its ballast on Ballast not to
board of a lighter or other Vessel, the master or person hav- £Ly orport, ia
ing charge of such first mentioned vessel shall, in order to
prevent the falling of such ballast into the waters of such
bay or port, cause an “ apron n or sail, or tarpaulin, to be
laid over the space intervening between bis vessel and the
one into or upon which such ballast is being discharged,
and for any violation of this section the master or other
persons having charge of such discharging vessels shall be
liable to indictment, afid, on conviction^ shall be fined five rcn«ity.
hundred dollars; and, if the master of any vessel or water
craft of any description throws, or causes or jgefeaits to be

1859 -’ 60 .

544

thrown, from on board such vessel ofr water craft into the
waters of the bay or port of Mobile, or within three rniks
of the outside of the outer bar or harbor, oyster shells, or
same for throw. an J other substance, calculated to injurs the navigability of
4 c g °fnto r biy w sa ^ waters > be shall be punished in the same manner now

port.

Fees of port
wardens,

Duty of Gov’r.

prescribed by law for throwing, causing, or permitting to be
thrown, ballast into said waters.

Sec. 19. Be it further enacted , That for any services ren¬
dered under this act, the port wardens, or warden, dischar¬
ging such duty, shall be allowed such fees as are now by
law allowed for similar duties, and in the absence of any
law, the corporate authorities of the city of Mobile may
prescribe a tariff of fees and charges, to be allowed the port
wardens for the discharge of any duties which may devolve
upon them by reason of this act; which fees shall be charged,
paid and collected in the same manner in which fees and
charges now allowed by law to the harbor master and port
wardens ot said port are paid and collected: Provided , That
nothing in this act shall be construed or held to alter or
repeal the laws now in force, imposing penalties for thrdw-
ing ballast or other substances into the waters of said bay
or port.

Sec. 20. Be it further enacted ,, That this act shall take
effect from and after its passage, except so much as requires
the assent of the Congress of the United States,.which shall
be in force as soon as said assent shall be obtained, and his
Excellency the Governor of this State is hereby authorized
to take measures for obtaining the same, and the Senators
and Representatives in Congress from this State, are respec¬
tively instructed and requested to use their efforts to secure
such consent.

Sec. 21. Be it further enacted , That the vessels, boats,
Boats, dredges, dredges or scows that may be used or employed in making
channel e °or improving the channel hereinbofore provided for, shall
while actually engaged in said work, be entitled to said
channel, except when their removal from any point therein
shall be necessary for the passage of other vessels ; and all
Duty of steamer vessels propelled by steam shall, when approaching the ves¬
sels, boats, dredges, or scows, so engaged in making or im¬
proving said channel, shall, “slow up * at the distance of at
feast two hundred yards, before passing, and thence while
passing, and for the distance of two hundred yards after
passing such vessel, boat, dredge or scow, shall not have a
speed of more than five miles an hour; and for every vio¬
lation oUthis section by any person or persons having
charge of such vessel propelled by steam, said person or

vessels.

545

1859-m

persons shall be liable to indictment in the city court of Penal{y
Mobile county, or the circuit 6ourt of said county* and, on
conviction, snail be fined not less than fifty, nor more than
one hundred dollars, and in addition thereto shall answer in
damages for any loss or injury caused by such violation, to
be sued lor and recovered in any court of competent juris¬
diction in the name of the owners of the property so lost
or injured; and it shall be the duty of the persons having
charge of the vessels, boats, dredges, or scows, engaged in
making or improving said channel, to place and keep in
some conspicuous place on said vessels, boats, dredges and
scows, lights, at and during night, and failing to do so shall
be subject to admirality law.

Sec. 22. Be it further enacted, That although the fore¬
going provisions of this act contemplate the improvement
of the bay and harbor of Mobile, by excavating and dig-Bay
ging a channel as heretofore designated, nevertheless this otherwise than
act shall not be so construed as to prevent the said Board by d,gglng ’* 0,
of Harbor Commissioners from adopting a different mode
of improvement, should said board and the President and
Commissioners of Revenue of Mobile county, after due ex¬
amination and consideration, be of opinion that a different
mode of improvement would more certainly and at no
greater cost effect the objects of this act.

Sec. 23. Beit further enacted , That all laws and parts of
laws conflicting with the provisions of this act, be, and the
same are hereby repealed.

Approved, February 21, 1860.

No. 404.] AN ACT

To authorize the Commissioners of Mobile county to elect
an Inspector of sawed lumber, square timber, &e., for
said County.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama in General Assembly convened. Election.
That the Board of Revenue Commissioners of the county
of Mobile, shall at their first meeting after the first Monday
of April, 1860, and every three years thereafter, elect an
inspector of sawed lumber, square, navy, qt other timber,
round or saw logs, and of fire and steamboat wood.

Sec. 2. Be it further enacted, That the inspector elected
35

546

1859-60.

under the provisions of this act, shall be required to give a
Amount of bond, bond with good and sufficient security, in the sum of five
hundred dollars; to the Judge of the Probate court of
Mobile county, and his successors in office for the faithful
performance of duties required of him, which said bond
may be sued upon from time to time, by any one who may
be injured or suffer a loss by the omission or neglect of said
inspector to perform the duties required of him under the
provisions of this act, or the rules which may be established
Sed? be re * by the Board of Commissioners of Revenue, which said
bond must be approved by the Judge of Probate of Mobile
county, and then recorded in bis office in the same manner
and for the same purposes that the bonds of other county
officers are recorded.

Rate of fees Sec. 3. # further enacted , That it shall be the duty

of tbe revenue commissioners to fix and determine the rate
of fees to which the said inspector shall be entitled for the
performance of the duties required of him.

Sec. 4. Be it further enacted, That tbe revenue com¬
missioners may adopt and establish as the rule of measure¬
ment of lumber, &e., mentioned in this act, a book entitled
the Ready Reckoner, by J. W. Scribner.

Sec. 5. Be it further enacted, That the inspector ap¬
pointed under this act, shall not inspect any lumber, tim¬
ber, logs, or wood, unless called upon for that purpose,
either by the seller or buyer of the same or both.

Appboved, February 8, 1860.

No. 405.] AN ACT

To provide for the more effectual collection of the City
Taxes in the City of Mobile, and for other purposes.

Sec. 1. Be it enacted by the Senate and House af Represent -
otives of the State of Alabama in General Assembly convened ,
That whenever any land in the city of Mobile shall have
been or shall be exposed once for sale for tbe payment of
the city taxes due thereon, according to the present laws
governing such sale, and no sale shall have been or shall
be effected, it shall be lawful for the corporate authorities
of said city in their corporate name, upon ten days notice
to the owner thereof, or if the owner he a non-resident, then
to his resident ^agent, and if the owvfet 'be -a-nop-i^ment
and have no resident agent, then publication of the facts m

Notice.

547

1859-60.

a newspaper, published in #id city, for feur sqceessive
weeks; shall be equivalent to notice before any court; of
competent jurisdiction of the amount, to move for judgment
against such owner for the city taxes due, together with
the cost of ad vertising; and if the motion is before the city
court of Mobile, or the circuit court of Mobile county, the
notice may be made returnable on any Monday of the terms
of said court, and the certificate of the tax collector of
said city, that such land has been regularly assessed and
advertised once for sale, and no sale effected, together with
the amount due thereon, for taxes and expenses, shall be
prima facie evidence of the regularity of the proceedings
had in the assessment and collecting of said taxes, and of
the amount due thereon by the defendant.

Sec. 2. And be it further enacted, That whenever any laud
in the city of Mobile, which shall have been assessed for
city taxes to “ unknown owners,” shall be exposed 4o sale
for said taxes, it shall be lawful for the city tax collector Tax wneciOT
under the instructions of the mayor, aldermen and common w<i off
council of said city of Mobile, in default of other bidders, land ‘
to bid off the same in the name of the mayor, aldermen
and common council of the city of Mobile, and shall make
out a certificate of purchase to the said mayor, aldermen
and common council of the city of Mobile, which certificate
shall be recorded as in other cases.

Sec. 3. And be it further enacted, That the mayor,
aldermen and common council of the city of Mobile shall city m»yh*ve
have, hold, control and dispose of any such land so bid off, tlUe *
with as full power as any other purchaser, and the present
laws governing the redemption of land sold for taxes by
the tax collector of the city of Mobile, and the perfection
of the title to the same, and all rights, remedies and liabili¬
ties now provided for purchases at such tax sales shall
apply to the city of Mobile as fully as to any other pur¬
chaser of lands for city taxes.

Sec. 4. And be it further enacted, That whenever any
land is sold by the sheriff under an execution issued on a
judgment, obtained as provided for in the first section of
this act, he shall have the same powers to advertise and
conduct the sale and to make title-deeds as he now has
under the general law, and the defendant in execution
shall be entitled to redeem said land in the same manner
as now provided by law for the redemption of lapd sold
under execution. • t

Sec. 5. And be it farther enacted, whenever fine
is imposed by the mayor, any alde/raan or common cteun-

548

1859-60.

Appeal.

Clerk of city
court elected, &c.

Vacancy filled.

oilman of the city of Mobile |gr ibe breach of any city ordi¬
nance where the fine does not exceed twenty dollars, the
person so fined shall have the right of appeal as in other
cases, any law, usage or custom to the contrary notwith¬
standing.

Approved, February 14, 1860.

No. 403.] AN ACT

To amend An Act entitled An Act to repeal An Act
therein named, regulating the Sessions of the Circuit
and City Courts of Mobile County, approved February
6th, 1858.

Sec* 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in Genefal Assembly convened.
That section 2d of said act be so amended that the Decem¬
ber terms of the city court of Mobile may be extended if
the business of the court require to the fifteenth day of
January, and the March terms of said court, until the fif¬
teenth day of April, in each year.

Sec. 2. Be it further enacted , That all laws conflicting
with the provisions of this act, be, and the same are here¬
by repealed.

Approved, December 9, 1859.

No. 407. AN ACT

To make the Clerk of the City Court of Mobile elective by

the people.

•T.

Sec. 1. Be it enacted by the Senate and Home of Represent •
atives of the State of Alabama in General Assembly convened^
That at the next general election in August 1861, and
every three years thereafter, there shall be elected by the
qualified voters of Mobile county, a clerk oi the city court
of Mobile, who shall give bond in the sum of ten thousand
dollars, conditioned as prescribed by section 118 of the
Code of Alabama, which bond must be approved of by the
judge of said court, and recorded and filed in the office of
the judge of the prpbate court of said county.

Sec* 2. Be & further * enacted > That« if a vacancy should

549

1859-60.

occur m said office by death ,fresignaiion or otherwise, such
vacancy must be supplied by the judge- of the city court of
Mobile, and the person appointed holds his office until the
next general election.

Sec. 3. Be it further enacted, That the said clerk of the llabnitle8 &c
city, court of Mobile, shall be subject to the same liabilities, a *’
have the same powers and controlled by the same laws
that the clerks of the circuit courts of this State now are*

Sec. 4. Be it further enacted, That the present incum¬
bent shall hold his office under the appointment ot the
judge of said court, (if he chooses to continue him,) until
the 4th day of May, 1862, that being the expiration of his
present term.

Sec. 5. Be it further enacted , That all acts and parts of
acts conflicting with the provisions of this act, be, and the
same are hereby repealed.

Appboved, February 4, 1860.

No. 408 ] AN ACT

Authorizing the Probate Court of Mobile County to grant
licenses for amusements, shows and exhibitions in said
County.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened ,

That from and after the passage of this act, the Judge of
Probate of Mobile County shall bo authorized to grant an- Anaoal H
nual licenses for all amusements, shows and exhibitions, to be granted,
specified and embraced in subdivisions 12, 13, 14 and 15,
of section 397 of the Code, upon the payment to him of the
sums hereinafter mentioned, which sums shall be in lieu of
the licenses and tax provided by the general law upon this
subject, and that the licenses so granted shall apply to one
room only in a specified building.

Sec. 2. Be it further enacted, That for all concerts or musi* _

cal entertainments for profit, for the exhibition for profit of foTuc^se*. p
any museum, wax work, menageries, or curiosities of any
kind, except paintings and statuary, to exhibit d warfs, per¬
sons of unusual size, or persons or animals deformed, or to
exhibit a circus, feats of activity or strength, slight of hand
for one year in one, room in ,a specified buildfpg . to be
named in the license, ^iere shall ^ Wa
hundred dollars, as a county tax forty ; four per cent, there-

550

1859-m

on, and for the benefit of ibe^ublic schools of said county
two hundred dollars, and the fees now allowed by law for
granting licenses.

Licenses granted Sec. 3. Be it further enacted, That the said judge of
oJian^ne ^r’ P r °bate is also authorized to grant licenses in the manner
anoneyear4 above stated, for a shorter period of time than one yean by
the payment of the proportionate taxes named above: Pro *
vided. That the licenses for such shorter period of time be
granted only to the owners or proprietors of such shows,
Fru/!«ea exhibitions or amusements: Provided , further , That no
license shall be granted under this section for a shorter
time than three months, or if for a shorter time than three
months, then as provided by the said subdivisions, 12, 13,
14 and 15 of section 397 of the Code.

Sec. 4. Be it further enacted , That all laws and parts of
laws conflicting with the provisions of this act, be, and the
same is hereby repealed.

Approved, December 16, 1859.

No. 409.] AN ACT

To authorize the Commissioners of Be venue of Mobile
County, to make certain additions to and improvements
in the Jail of said County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of AMama in General Assembly convened,
That the Board of Commissioners of revenue of Mobile

Borrow money, county be, and they are hereby authorized and empowered
to borrow the sum of twenty thousand dollars, to be by
said board applied to making additions and improvements
on the jail of said county.

issue bonds. Sec. 2. Be it further enacted , That the said board of com*
missioners be authorized to issue bonds, for said sum of
twenty thousand dollars, not having more than fifteen years
to run, to secure the ultimate payment of which as well as
the interest to accrue upon the same semi-annually the
taxes which are by the provisions of this act authorized to
be levied and collected shall stand pledged.

Sec. 3. Be it further enacted , That the said board of com*

Levy special tax. missioners sba ]j f rom y ear ^ y^ar, levy such special tax
upon the taxable property of said county, as shall be suffi¬
cient for the payment of the interest on said bonds semi-

551 1859~’6Q.

annually and tie ultimate payment of the bonds them¬
selves.

Sec. 4. Be it further enacted, That if the tax collector of
said county of Mobile shall foil in collecting and paying u WI „ 0(
over the moneys so to be levied as aforesaid, he and his collector and
surifcies may be proceeded against by motion in the circuit 8ureties *
or city court of said county, by the President of said board
of revenue, in the name of the board for judgment in the
same manner and under the same regulations as county
treasurers are now allowed to do in other counties.

Sec. 5. Be it further enacted , That the said board of
commissioners shall cause the necessary additions and im¬
provements U> be made upoh the jail in a substantial and improve jau..
economical manner, and if after the whole cost thereof shall
have been paid, there shall remain any of the funds which
shall arise from the sale of said bonds* the same shall be
paid into the county treasury of said county.

Sec. 6. Be it further enacted, That as soon as the said Money deposited
bonds shall have been sold and the money realized thereon, ,n baDk8 *
such moneys shall be by said board of revenue, deposited
in the banks of Mobile, to be thence drawn and ap¬
plied to the work contemplated by this act, as the same
may be required.

Approved, December 14, 1859.

No. 410.] AN ACT

Authorizing the appointment of general Administrator,
and general Guardian for Mobile County, and for other
purposes.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,

Utat the first section of an act entitled “ An Act to regu¬
late sales by the general administrator of Mobile county,
and for other purposes,” approved February 8,1858, be, and
the same is hereby repealed.

Sec. 2. Be it further enacted* That the court of probate Probatecourtap
for said county shall, on or before the first Monday in point gen*l adm’
March, 1860, and from time to time thereafter, as occasion and gUArd * &n *
may require, appoint some suitable person to act as general
administrator and general guardian for said county. The
person so appointed shall bqld, bk office for the term of
four years, from the date of such appointment, and shall be Term of °^ c ‘

1859-m

552

Bond.

Duty of general
adm’r and g’rd’n.

His accountabil¬
ity.

Maybe removed.

subject to the provisions of sections 1710 and 1711 of the
Code. The person so appointed to act as general adminis¬
trator and general guardian must be required to give bond
and surety in accordance with section 1689 of the Code,
before entering upon the discharge of any of the duties of
his said office, and sections 1713, 1714, 1715, 1716, 1717,
and 1719 of the Code, are hereby declared to be applicable
to said bond, and to the surities. It shall be the duty of the
person so appointed, when required by said court to take
charge of the estate of any deceased persons as administra¬
tor thereof, or to act as special l dm ini sir a tor in those cases
where no other person is appointed by the court, subject
to the provisions of sections 16ii2 and 1691 of the Code,
except when such appointee may be required to administer
upon an estate, upon the application of the persons entitled
to priority according to section 1668 of the Code, in which
case letters of administration in chief may be granted im¬
mediately, upon the expiration of fifteen days alter the
death of the intestate. The person so appointed shall also
when required by said court, take charge of any matter of
guardianship in said county, and shall be accountable ac¬
cording to, and be governed by the same laws and rules as
are now or which hereafter may become applicable toother
guardians under the general laws, of this State, relating to
guardian and ward, at the expiration of the said term of
his said office, unless the same person may be re-appointed,
or in case of the cessation of his authority as such general
administrator and general guardian from any cause, such
person shall proceed co settle and close up all administra¬
tions in his hands at as early a day as the law and the situ¬
ation of any estate will permit, subject to removal as
aforesaid, and all matters of guardianship which may have
been intrusted to such appointee, and the property tinder
his control belonging to any ward shall be immediately
turned over to such person as may be appointed to succeed
him in said office, or to such other person as may be law¬
fully designated by the court, and this provision shall be
enforced by decree and execution from said court if judged
necessary. The general laws of this State now in force,
or which may hereafter be enacted respecting the adminis¬
tration and settlement of estates and guardianships, and the
settlement of the accounts of deceased representatives and
guardians are hereby declared to be in full force, so far as
the same may be applicable to such general administrator
and general guardian; Provided , That the court of county

558

1859-60.

commissioners of said county shall recommend and name
the person to be appointed such general administrator and adru’r, &c.
general guardian
Approved, December 14, 1859.

No. 411.] AN ACT

To regulate the jurisdiction and fees of Justices of the
Peace in the City of Mobile.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\

That sections 2768 and 2868 of the Code of Alabama, be,
and the same are hereby repealed, so far as they apply to of
the jurisdiction of justices of the peace in the city ol code repealed.
Mobile.

Sec. 2. Be it further enacted, That hereafter the juris¬
diction of justices of the peace in the city of Mobile, shall
not be confined to the ward or precinct where the cause jurisdiction not
of action arose, or the ward or precinct where the defendant coaaacd *
or defendants may reside.

Sec. 3. Be it further enacted , That from and after the
passage of this act, that justices of the peace in the city
and county of Mobile shall be, arid they are hereby entitled
to collect and receive the following fees and costs and no
more, (to-wit:)

For each summons in civil cases or notice in nature Fees.

thereof,...

Warrant in quitam or petty offences,..

Docketing each case,..

Subpoena for each witness...

Each execution and taxing cost..

Attachment, bond and affidavit.. ♦.. *.

Summons for garnishee........

Order of sale on attachment,...

Certifying each appeal, certiorari or warrant, and send¬

ing up papers,.....

Every bond taken and approved, ...

Administering an oath and certifying the same,.

Entering up judgment on forthcoming, stay or other

bond,..... v......... ....

Each transcript other than those sent up on appeal or
certiorari,.. *,...*.

$0.50

.75

.05

.10

.40

1.25

.25

1.00

.50

.15

.25

1859-60.

554

Penalty.

Entering up judgment in all eases other than above

namea,..... .25

Presiding on the trial of the right of property, quitara

actions or petty offences,. 1.00

Presiding on each trial of forcible entry and detainer,

or unlawful detainer,. 2.00

Issuing writ of restitution,.25

Every complaint in all cases,. 15

Every State or search warrant, (to be paid in ad¬
vance), .50

Every commitment to jail,..50

Every mittimus to constable,. 50

Every bail summons,...50

Issuing veniri facias or notice in nature thereof,.50

Every ca sa,. 50

Sec. 4. Be it further enacted , That if any justice of the
peace in the city of Mobile, shall knowingly receive greater
fees than are herein before allowed, or who knowingly
takes fees for services not actually rendered, he shall be
deemed guilty of extortion, and on conviction, shall be
fined not less than twenty nor more than five hundred
dollars.

Sec. 5. Be it further enacted , That all laws and parts of
laws conflicting with the foregoing sections are hereby
repealed.

Approved, February 14, 1860.

No. 412.] AN ACT

To abolish and establish an Election precinct in the

County of Mobile.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the election precinct at the house of Joseph Bosage,
be, and the same is hereby abolished, and that an election
precinct be, and is hereby established at the house of Joseph
Lausendine, of Mobile county.

Sec. 2. Be it further enacted , That all laws and parts ot
law's contravening the provisions of this act be, and the same
are hereby repealed.

Approved, February 25, 1860.

No. 413.]

AN ACT

To re-enact An Act, &c.

Sec. 1. it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.
That sections two, three, four, six, eight, nine, ten, eleven,
twelve, thirteen, fourteen, fifteen, sixteen and seventeen of
An Act entitled “An Act, to enable the corporate author¬
ities of the city of Mobile to provide for the security and
payment of the debts of said city, and for other purposes,”
approved 11th of February, 1843, are hereby re-enacted
and continued in force.

Approved, February 21,1860.

No. 414.] AN ACT

To amend the laws relative to the Mobile Savings Com¬
pany.

Sec. 1 . Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly , convened ,

That the Mobile Savings Company shall hereafter be known N . .

as u The Mobile Savings Bank,” by which name and title
it shall be authorized to have, use and exercise the rights,
privileges and immunities which were originally conferred
upon said company in the act entitled “An Act to incor¬
porate the Mechanics' Savings Company of Mobile,” ap¬
proved February 7th, 1852.

Sec. 2. Be it further enacted . That as an investment of
its savings, deposits or such portion as may be deemed ex-May take stock,
pedient, said savings bank shall be authorized from time
to time to take or purchase stock in any bank or institution
chartered by this State.

Sec. 3. Beit farther enacted , That for the greater security Stock cannot be
of persons dealing with said corporation, the stock in said ™£e^ ed uuder
corporation shall not be transferred in any case when the anyliabilitie8 ’
stockholder is indebted, or liable as drawer, endorser or
acceptor on any note, bill or other obligation held and
owned by the corporation, but such stock shall remain and
be held under the lien hereby created, until such indebted¬
ness or liability shall be fully paid or canceled.

Approved, February 10, I860.

1859-m

556

Powers.

Provided.

When oysters
must not be ta¬
ken.

Penalty.

Boundary line.

No. 415.] AN ACT

Amendatory to An Act, to protect the citizens of Mobile
and Baldwin Counties in the enjoyment of their Oyster
beds, approved February 2d, 1858. ’

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\
That the said act be, and the same is hereby so amended
as to authorize and empower the owners of lands front
ing upon the bay of Mobile gulf, bayous and inlets, to
plant, feed and protect beds of oysters, so planted by
them in front of their lands lor their own private family
use, or for sale and barter in the same manner and under
the restrictions and provisions contained in the act, to
which this is an amendment: Provided , That no one per¬
son shall plant and own oyster beds for a greater distance
than one mile along the shore of said bay, gulf, bayou or
inlets, and not exceeding a quarter of a mile from shore or
seaward.

Sec. 2. Be it further enacted, That it shall not hereafter
be lawful for any person or persons to take up from their
natural reefs or bed any oysters in the said bay or gulf for
the purpose of planting bedding, selling or for any other
purpose, between the first of May and the first of Septem¬
ber in each year, and if any person shall violate the pro¬
visions of this section he shall be subject to indictment and
be fined for each offence in the sum of four hundred dol¬
lars

Sec. 3. Be it further enacted, That so much of the act
approved February 2d, 1858, as conflicts with the provis¬
ions of this act be, and the same are hereby repealed.
Approved, February 8, 1860.

No. 416.] AN ACT

To define and establish the Boundary Line between the
Counties of Mobile and Washington, in this State.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the boundary line dividing Mobile and Washington
counties shall commence at the upper end of Nanahubba
Bluff, on the Tombigbee river, near the old brickyard, and

667

1859 - 60 .

run westerly to the cross roads near Ravesee’s mills, from
thence in a south-westerly direction to the old Federal
road, from Fort Stodertto Baton Rogue, and along the line
of said road by Banon’s cowpen, Windham’s cowpen, and
Campbell’s bridge to the Mississippi line.

Sec 2, Be it further enacted , That James D, Godbold and
Theophilus L. Toulman, of Mobile county, and John G.

Rush, of Washington county, be, and they are hereby ap- commissioner#,
pointed commissioners to make and establish the line be¬
tween the counties aforesaid, according to the terms of this
act, and cause to be placed at the intersection or crossing
of any road, and the time mentioned in the first section of
this act, a rock or post, marked on the north side, Wash¬
ington county, (W. C.,) and Mobile county, (M. C.,) on the
south side.

Sec. 3. Be it further enacted , That the commissioners
hereby appointed shall be entitled to fiye dollars per day Feeofconm,l8,ri
each, for every day they may be engaged in the perform- ‘
ance of of the duties required by this act, and to such sum
as may be necessary to procure the necessary stone or wood
posts, and one laborer with a sufficient team to attend for
the purpose of marking and permanently®defining said
line, and the surveyor of Mobile county, for one day’s ser¬
vice in running the line Irorn the Tombigbee river to the
Federal road, two-thirds of which expense to be paid by
Mobile county and one third by Washington county which
shall be paid by the treasurers of said counties on "the cer¬
tificates of the said board of commissioners, that the said
line has been established according to the provisions of this
act, and that the expenses are correctly stated.

Sec. 4. Be it. further enacted , That if either of the com- Vacancy,
missioners named in the second section of this act, shall
fail or refuse to act, then it shall be the duty of the com¬
missioners of revenue of the county, where the vacancy
occurs to appoint another commissioner to fill said vacancy
without delay.

Sec. 5. Be it further enacted. , That all laws and parts of
laws conflicting with the provisions of tkis act, be, aud
they are hereby repealed.

Approved, February 21, 1860.

1859 - 60 .

558

Not to prevent
the building of
dams,

Penalty.

No. 417.] AN ACT

Declaring the Omursa Creek in the County of Henry,

and other streams in Mobile County, public highways.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.
That from and after the passage of this act, that Omursa
Creek, in the county of Henry, from its mouth on the
Chattahoochee river, twelve miles up said creek, be, and the
same is hereby declared a public highway for the passage of
rafts of lumber, timber and stock logs.

Sec. 2. Be it further enacted , That this act shall not be so
construed as to prevent the building of dams across said
creek for mills and manufactories, and that all persons
owning mills or manufactories on said creek, shall keep
gates or slides in their dams so as to allow the passage of
lumber, timber and stock logs.

Sec. 3. Be it further enacted , That if any person who
shall obstruct or interfere with the free navigation of that
part of the stream called Omursa Creek, as above named,
otherwise thafl provided for in this act, shall be deemed
guilty of a misdemeanor, and shall be punished accord¬
ingly.

Sec. 4. Be it further enacted , That One Mile Creek in the
county of Mobile be, and the same is hereby declared a
public highway or navigable stream from the railroad
bridge over said creek to its entrance into the Mobile river;
that Chickasaw Bogue from the mouth of T. Anderson’s
mill creek to its entrance into the Mobile river; that saw
mill creek from the public bridge over said creek to its en¬
trance into the Mobile river, and that Bayou Sarah, from
Wm F. Cleveland’s rice mill to its junction with saw mill
creek, be, and the same are hereby declared public high¬
ways and navigable streams.

Sec. 5. Be it further enacted, That if any person shall in
any manner obstruct the navigation of either of the creeks or
bayous above fnen boned, or any other creeks that have
heretofore been declared navigable streams or public high¬
ways, he or they shall be subject to a fine of not less than
five nor more than ten dollars for each day any flat or
other boat may be datained by any such obstruction, which
fine may be recovered before any justice of the peace in
Mobile county, on satisfactory proof being made of such
obstruction and detention.

659

1859-m

Sec. 6. Be it further enacted , That all laws contravening
the provisions of this act be, and the same are hereby re*
pealed.

Approved, February 25, 1860.

No. 418.] AN ACT

To prevent the sale of spirituous liquors within two miles of
Salem Baptist Church, in Jefferson county.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened,
That from and after the passage of this act it shall not be
lawful for any person to sell spirituous liquors or wines
within two miles of Salem Baptist Church, situated
on Turkey Creek, in Jefferson county, except lor medical
purposes; and if any person shall sell spirituous liquors or
wines in violation of this act, such person shall be subject
to indictment, and, on conviction, may be fined in a sum
not less than one hundred dollars, nor more than five hun¬
dred dollars, for each and every such offence.

Sec. 2. Be it further enacted , That all laws and parts of
laws contravening the provisions of this act be, and the
same are hereby repealed.

Approved, February 21, I860,

No. 419.] AN ACT

To amend an act approved December 16th, 1851, “ to regu¬
late the sale of spirituous liquors in thj town of Ely ton.”

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,,
That section 1st, of an act, approved December 16th, 1851,
“ to regulate the sale of spirituous liquors in the town of
Elyton,” be amended by striking out the word u two 11 where
it occurs in said section and inserting in lieu thereof the
words one and three fourths.

Sec. 2. Beit further enacted , That all laws and parts of
laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, January 28, 1860.

5G0

Election.

Time.

Nolice.

Duty of sheriff.

Commissioners*

No. 420.] AN ACT

To locate permanently the seat of Justice in Henry county.

Sec. 1 . Be it enacted by the Senate and House of Represent'
atives of the State of Alabama in General Assembly convened ,
That the sheriff’ of Henry county shall open ami hold an
election, at the several election precincts in said county, on
the first Monday in May next, for the purpose of enabling
the people of said county to locate permanently the seat of
justice in said county, which election shall be held and
conducted agreeably to the same regulations as are now
provided for by law, for conducting elections for members
of the General Assembly of this State. And it shall be
the duty of said sheriff, to give at lest twenty days notice
of the time of holding said eleotion, by advertisement in
the newspaper published in said county; also, by advertise¬
ment posted at the Court House, and in every precinct in
said county, in which notice the sheriff shall put in nomi¬
nation Abbeville, and the centre*

Sec. 2. Be it further enacted , That the election held for
the purpose of locating said seat of justice aforesaid, it shall
be law!ul for all legal voters ol said county to vote for
either of the two places nominated as aforesaid, by voting
on their tickets the name of the place of the:r choice; and
it shall be the duty of the sheriff after the votes of the
several precincts, returned agreeably to law are compared
and the result ascertained by the judges and clerks of said
election at the Court House in Abbeville, to make public
proclamation thereof; and the place receiving a majority of
the votes at said election, shall be deemed and regarded the
permanent seat of justice in said county.

Sec. 3 Be it farther enacted , That should a majority of
the votes given at said election be cast in favor of the cen¬
tre, it shall be the duty of the sheriff holding said election
to make a report thereof to the next court of county com¬
missioners of said county to be held thereafter ; and it shall
be the duty of said court upon such report being made, to
appoint five commissioners, whose duty it shall be to select
a suitable site for said seat of justice, within two miles of
the center of said county; and that before said commission¬
ers appointed as aforesaid enter upon their duties, they shall
either together or separately, go before the judge ot the
probate court, take and subscribe the following oath:
“that they will faithfully discharge to the best of their
abilities, the duties of commissioners for selecting^ and

561

1859-60.

laying off a location for said seat of justice, for superin ten* 0atb *
ding the building of a court house and jail in Henry eounty
having due regard to the interest of the county, and that
they will not be interested directly or indirectly in apy bid
or contract for the building of a court house or jail in said
county under the provisions of this act.”

Sec. 4. Be it further enacted , That the commissioners or
a majority of them after being qualified as provided in the Land ^ ^
foregoing section, shall proceed if necessary, to acquire by cure*,
purchase for the use of said county, a tract or piece of land
of sufficient extent for the erection of the public buildings
to be erected under this act, and for. a public square, and
they are authorized, if in their opinion, the interest of the
county will be subserved, to acquire by said purchase a tract To he i a ia off
of land sufficient to be laid on into lots, to be sold for the int0 Iote ‘
benefit of said county, and the title for said tract of land
shall be made to the judge of the probate court, for the use
of said county, and the titles for lots sold shall be made by
the judge of the probate court; Provided , That the com- PrOTided *
missioners shall be authorized to sell said lots upon such
time as they may think best for the interest of the county,
and provided further, that no titles shall be made to the
purchasers of any lot or lots until the purchase money is
fully paid; Provided, further, That the net proceeds of the
sale of any lots shall be paid into the county treasury and
constitute a fund to aid in the erection of the public build-

mgs.

Sec. 5. Be it further enacted , That the commissioners
shall prepare or cause to be prepared a plan or plans of the
public buildings to be erected under this act with suitableg"**™**
drawings and specifications, as to dimensions, materials and
cost, and they shall advertise weekly for forty days in the
newspapers in said county, and in two other papers published
out of the county, for sealed proposals for' the erection of C<>ntract be
said buildings; they may contract for the whole work to given out.
one contractor or divide the work into sections, and so con¬
tract as in their opinion will be most for the interest of the
county. The contractor or contractors shall enter into bond
with sufficient and approved security, in double the amount Boad of contract,
of his or their contract, payable to the judge of the probate
court and his successors in office, for the use of said county
of Henry, which bonds may be sued and recovered upon, as
often as the conditions of the same may be violated.

Sec. 6. Be it further enacted, That the said commissioners
shall have power in making said contracts, and it is made
36

Three an Dual
payments,

Provided.

Tax.

State tax.

County tax.

Vacancy.

Buildings.

their duty to stipulate for the execution of said contracts
on the part of the county, in three annual payments, and
no payment shall be made upon any contract, except upon
the order of the court of county commissioners, which shall
be based upon a certificate from the building commissioners,
that the amount is due the contractor or contractors : Pro¬
vided, The commissioners shall have power, in their disere*
tion, and to aid the contractor in the purchase of the build*
ing materials to grant certificates as hereinbefore provided,
whenever they may think safe to do so: Provided , The
commissioners shall have power in the exercise of a sound
discretion, if a better contract can be made, to make the
payments in two annual installments, and to contract accor¬
dingly.

Sec. 7. Be it further enacted, That the court of the county
commissioners of said county of Henry, be, and are hereby
authorized and required, as soon as ‘may be necessary to aid
in the prompt and efficient execution of this act, to levy
and collect a tax upon the persons and property of the citi¬
zens of said county to aid in the erection of the court house
and jail herein provided, to be located and erected, which
shall be assessed upon the assessment of the State tax for
the proper year, and shall be collected and paid over as
other taxes: Provided , That not more than one-third of the
necessary aggregate sum shall be levied and collected in one
year: Provided, The said levy shall be made, so as to meet
the contracts made by the cammissioners for said court
house.

Sec. 8. Be it further enacted , That the mon^y raised by
taxation under this act, shall be collected and paid over to
the county treasurer of said county as other taxes are col¬
lected and paid over, and shall be by him entered, kept and
accounted for, a a a separate fund, to be called the fund for
erecting public buildings.

Sec. 9, Be it further enacted , That a majority of the
commissioners appointed by this act, shall be competent to
transact any business required of them by this act; and any
vacancy in said commission bv death or resignation, or
refusal to act, shall be filled by the court of county com-
misssi oners.

Sec, 10. Be it further enacted, That the erection of the
buildings herein provided for, shall be considered as subject
to the inspection of the commissioners, or a subcommittee
appointed by them; and that no contract for the erection
of said buildings shall be considered as executed or the
contractor released from his or their obligations incurred in

563

1859~’60

contract, until the commissioners shall have received the
work, as in all respects done according to contract, and shall
certify the same in writing.

Sec 11. Be it further enacted , That the court of county Expenaeg
commissioners shall from time to time, order to be paid out
of the county treasury the incidental expenses incurred in
the execution of this act, and shall also order to be paid to
said commissioners, a sum not exceeding two dollars per
day, for each day’s service in executing the duties required
by this act to be performed.

Sec. 12. Be it further enacted, That any sheriff, who shall
wilfully refuse to perform the duties required of him in pine *
this act, shall be subject to a fine of five hundred dollars,
and may be imprisoned in the county jail not more than
twenty days.

Sec. 13. Be it farther enacted , That should the location
be made as provided for in this act, it shall be the duty of
the clerk of the circuit court, judge of probate, of sheriff
of said county to remove within twelve months after said Election
election, all books, papers acd records belonging to their
respective courts to such new county site, and writs and
other process up to that time returnable to the courts of
Abbeville, shall be deemed, and are hereby made returna¬
ble to said county site, and all courts thereafter shall be held
at said new county seat.

Sec. 14. Be it further enacted, That all laws and parts of
laws in conflict with the provisions of this act, be, and the
same are hereby repealed.

Approved, January 23, 1860.

No. 421.] AN ACT

To prevent the sale of Spirituous Liquors in one mile of
Judson Academy, in Henry county.

Sec. 1. Be it enacted hy the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,,
That no person or persons, shall sell or dispose of any
spirituous or intoxicating liquors within one mile of Judson
Academy, located in the the county of Henry.

Sec. 2. Be it further enacted, That any person or persons
offending against the provisions of this act, or in anywise
giving away or disposing of spirituous liquors of any kind,
except for medical purposes, with intent to evade the same,

1859-’60.

564

Clerk.

shall be guilty of a misdemeanor and subject to indictment,
and upon conviction, shall be fined fifty dollars for every
such offence. J

Approved, February 23, 1860.

No. 422.] AN ACT

To repeal in part an act therein named, so far as it relates

to Marshall county.

Sec. 1 . Be it enacted by the Senate and Bouse of Represent *
atives of the State of Alabama in General Assembly convened ,
That the third section of an act entitled an act, ** to make
the county treasurer and county surveyor for the counties
of Marshall, Marion, Bussell, Covington, Conecuh and
Walker, elective by the people, 7 ’ approved 21st, January,
1850, be, and the same is hereby repealed, so far as it relates
to the county of Marshall, any law to the contrary notwith¬
standing.

Appkoveb, February 23, 1860. .

No. 423.] AN ACT

To establish a County Court for Montgomery county.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That there is hereby established in the county of Mont¬
gomery, an inferior court of record in said county, which
shall be called the County Court.

Sec. 2. Be it further enacted , That said court for the
maintenance and exercise of its jurisdiction as conferred
by this act, shall have all the general powers conferred by
law on other courts of record ; it shall have a clerk ami
such other officers as the circuit courts have. The judge of
probate in said county shall be the judge of said county
court within said county; the clerk of the circuit court in
said county shall ex-ojficw be the clerk of the county court
in said county, and the sheriff, coroner or special coroner in
said county, shall perform the same duties m relation to the
county court in said county as now devolve on them by law
in relation to the circuit court.

565

1859-’60.

Sac. 3. Be it further enacted, That said court shall within
the county, and when the amount involved exclusive of
costs, does not exceed the sum of ten thousand dollars,
have concurrent jurisdiction with the circuit court, of all
civil actions, for trespass on lands, personal property and
the person, all actions of libel and slander, false imprison-
ment and malicious prosecutions, all actions for the breach of
contract, expressed or implied, all actions for the comversion * e t ™ onal prop ‘
of personal property, all actions for the recovery of personal
property in specie, when the value of the property recovered
does not exceed ten thousand dollars, all trials of the right
of property levied on within the county by execution or
attachment from said county court, all collateral issues
arising out of any garnishment returnable into said court,
of all appeals ana cases removed to said court b y certiorari
from justices of the peace within the county, exce pt eases
of forcible entry ana detainer; and said court shall also summary jud*-
have authority to render summary judgments against officers men
and their sureties on their official bonds, and against obligors Circuit court,
in indemnifying bonds in like cases in which circuit courts
have such authority; and said court shall have the same
powers of amendment, granting rehearing, and correction
of the abuse of its process as the circuit courts have in like
cases, revival of judgment by scire facias , making execu¬
tors and administrators parties as the circuit courts have
in like cases. Appeals shall lie from the county court to the
circuit court of said county and to the supreme court, in
the cases and under the same rules and regulations as apply
to appeals from the circuit court to the supreme court.

Sec. 4. Be it further enacted, That the judge of said court
shall have authority to issue writs of supersedeas and certio¬
rari in all cases within their jurisdiction, to punish for
contempts to the extent possessed by the probate court, and
to do all other acts for the maintenance of and exercise of
the jurisdiction of said court, which the judges of the cir¬
cuit court might in like cases lawfully do.

Sec. 5. Be it further enacted, That the olerk of said court Attachments,
shall have the same authority to issue original and ancillary
attachments and writs of garnishment, returnable to their
respective courts, as the clerks of circuit courts have under
the law in like cases. / .

Sec. 6. Be it further enacted, That the process of said
court, shall be in form tested, served and returned as is by
law provided for the process of the circuit court, varying
only in the style of the court; the pleadings in said court
shall correspond with the pleadings in the circuit courts, it

1859-60.

Officers.

Liabilities.

Jurors.

Penalties.

Fees.

560

shall be governed by the same course of proceedings,
the duties of its officers shall be the same as those pre-
cribed by law in the exercise of the jurisdiction of the
circuit court in like cases, and the duties liabilities and
obligations of such officers and their surities, shall bo deter¬
mined and measured by the law applicable in like cases,
within or growing out of the jurisdiction of the circuit
court, the law in relation to fees, costs and security for
cost applicable to the circuit court, shall apply in like
cases to the county court, and all laws conferring powers
on or prescribing duties of the circuit court, its judges
or other officers, are extended and applied to said county
court, its judge and other officers, to be exercised and
performed by them, as in like cases in the circuit court.

Sec. 7. Be it further enacted, That the petit jurors for
said court shall be selected, drawn and eippatmeled by
the same officers, and in the same manner as jurors for
the circuit court; they shall be summoned in the same
mode, be subject to the same penalties for failure to
attend, and shall receive the same compensation.

Sec. 8. Be it further enacted , That the law in relation
to procuring the testimony of witnesses or parties, shall
be the same in the county court as in the circuit court,
the course of proceeding shall be the same, the penalties
arid liabilities of witnesses failing to attend shall be the
same as in the circuit court, and enforced in the same
way, and they shall receive the same compensation.

Sec. 9. Be it further enacted, That there shall be held
in said county every year, two terms of the county court,
and shall be held and continued 'as follows, to-wit: On
the first Mondays of March and September and May,
continue in session eighteen judicial days.

Sec. 10. Be it iurther enacted, That the judge of said
county court, shall receive two dollars for each case in
said court, to be taxed as part of the costs against the
unsuccessful party, and on a return of no property against
the defendant, to be collected by execution out of the
plaintiff*; the clerk and other officers shall receive the
same fees as for like services in the circuit court.

Approved, February 24, 1860.

567

1859^60.

No. 424.] AN ACT

To allow the Probate Judge of Pike County to take juris¬
diction of the estate of William McCullough, deceased* of

Montgomery County.

Sec, 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That the judge of probate of the county of Montgomery,
shall make a complete transcript upon the application of
the executor or administrator of all the acts and proceed- Wui . McCullough
ings of record in the court of probate for said county, re¬
specting the administration of the estate of William
McCullough, deceased, and duly certify the same and cause
the transcript to be transmitted to the judge of probate of
Pike county.

Sec. 2. Be it further enacted , That whenever said tran¬
script shall be delivered to the judge of probate of the
county of Pike, he shall cause an entry thereof to be made JJ'^cSunty,*
on the minutes of the court of probate of said county of
Pike, and thereupon, the said court of probate of Pike
county shall have jurisdiction of the administration of said
estate, and is required to proceed therein in all matters as
if the jurisdiction thereof had originally belonged to said
probate court of Pike county, and as if administration of
said estate had been originally commenced in the probate
court of the county of Pike.

Sec. 8. Be it further enacted. That the judge of probate Papers filed,
of Montgomery county shall cause all papers on file in his
office connected with said estate to be sealed up and safely
transmitted to the judge of probate of Pike county, to be
recorded and filed in the probate court of Pike county.

Sec. 4. Be it further enacted , That from and after
said transcript shall have been filed in the probate court of
Pike county, and an entry thereof made on the minutes of
said probate court of Pike county, the administration of
said estate shall cease, and determine in said county of
Montgomery : Provided , however , That all the costs or fees
that may be due to the judge approbate shall first be paid j Provided.
Provided, That the judge of probate of Pike county shall
only charge such fees in the settlement of said estate as are
allowed by the general fee bill j Provided , That the securi¬
ties of said executor or administrator snail file their assent
in writing, to the change of administration from Montgom¬
ery county to Pike county, before said change of adminis¬
tration shall be made as provided for by this act: Provided ,

1859-’60.

568

further , That if the said sureties fail or refuse to file their
assent as above provided, then, and in that event, the judge
of the probate court of said county of Pike may take a new
bond from the representative of said decedent, and on the
approval of said bond, this act shall take effect.

Approved, February 2a, 1860.

No. 425.] AN ACT

To authorize the Sheriff of Montgomery County to make
his return in the late special election for Representative.

Sec. 1 . Beit enacted by the Senate and House of Represent¬
atives of the State of A labarna in General Assembly , convened.
That the sheriff of Montgomery county be, and be is here¬
by authorized to make his return as to the result of the late
special election for representative for said county, as soon
as he ascertains the result of said election, any law to the
contrary notwithstanding.

Approved, January 12, 1860.

No. 426.] AN ACT

In relation to the fees of Justices and Constables in Beats
4 and 5, in the City of Montgomery.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the justices of the peace and constables in the beats No.
4 and 5, in the city of Montgomery, are entitled to receive
for their services hereinafter mentioned, the fees thereto re¬
spectively annexed and no more, to be taxed, collected and
paid in the manner provided by law:

For summons in civil cases and proceedings thereon

to judgment,. $0.75

For warrant in quUam cases and proceedings thereon

to judgment,. 1.25

For a subpoena for witness,.25

For execution and taxing cost thereon,... .60

For attachment bond and affidavit... ...» 2.00

For summons for garnishee and taking examination, .75

569

1859-60.

For judgment and order of sale on attachment,.40

For each appeal or certiorari, including bond and cer¬
tifying proceedings,....1.50

For every other bond,.*...75

For administering an oath and certifying same,...... .25

For taking depositions under commission for every

hundred words,. .25

For every necessary certificate not otherwise provided

for by law,.40

For docketing each cause,.10

For judgment on forthcoming, stay or appeal bond,.. .40

For each judgment on a summary proceeding,..75

For transcript of proceedings, other than those sent

up on an appeal,.40

For issuing veniri facias,. 75

For attending on trial of right of property,.1.50

For each scire facias, or motion in nature thereof,.40

For making return of certiorari other than in cases of

forcible entry and detainer,.75

In cases of forcible entry and detainer, and unlawful de¬
tainer—

For every summons,. .75

For swearing jury,...30

For administering every oath,. 10

For entering verdict,. .25

For entering payment,. 25

For presiding on trial,. 3.00

For issuing writ of restitution,.40

For return on appeal or certiorari,. 1.25

constable’s fees.

For serving summons in civil cases,.75

For summoning each witness,.. 40

For levying an attachment,... 1.25

For levying an execution,...75

For making money on execution,..75

For carrying a debtor to jail,. 75

For whipinga slave by order of a justice of the peace,

to be paid by the owner,.. . . 1.50

For serving notice on each person therein named,... .*0

For serving sci. fa. or notice,... .75

For taking bail bond, bond for the forthcoming of
property, or other bond required by law,.75

1859-60.

570

justice’s fees in criminal cases.

For complaint,.....

For warrant and arrest,....

For search warrant,...

For each bond or undertaking to court,..

For each bond or undertaking of witnesses,.

For each subpoena issued,.*.

For commitment of defendant to jad,.

For certifying to circuit court,.

For each execution for cost,. t ... ..

For each trial of petty offence,.

.50

.75

1.25

.75

.50

.25

.50

,50

1.50

constable’s fees in criminal cases.

For executing search warrant in day time,. 1.50

For executing search warrant in night time,.* 3.00

For executing any other warrant,... 1.00

Sec. 2. And be it further enacted , That all laws and
parts of laws in conflict with the provisions of this act, be,
and the same are hereby repealed.

Approved, February 9, I860.

No. 427.] AN ACT

To increase the pay of Jurors in the Counties of Mont¬
gomery and Pickens.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That all jurors in any court of record in Montgomery
county, shall receive for their per diem pay, the sum of two
dollars and seventy-five cents for each day any such juror
may serve, and shall also receive the same compensation
for millage and ferriage as now allowed by law.

Sec. 2. And be it further enacted , That grand and petit
jurors in the county of Pickens shall hereafter receive two
dollars and fifty cents each, per day, and the mileage and
ferriages now allowed by law.

Approved, February 21, 1860.

No. 428.]

AN ACT

To prohibit the sale of spirituous or intoxicating liquors
within one mile of Perryville Female Academy, in Per¬
ry County.

Sec. 1 . Be it enacted by the Senate and House of Rejiresen -
iatives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, it shall not be
lawful for any person or persons to sell or offer for sale
spirituous or intoxicating liquors except for medicinal pur¬
poses within one mile of the u Perry ville Female Acade¬
my,’ 7 in Perry county.

Sec. 2. Be it further enacted. That any person or persons
so offending, shall be subject to indictment, and upon con¬
viction, fined not less than fifty dollars for each and every
such offense.

Approved, February 21, 1860.

No. 429.] AN ACT

To give the Commissioners’ Court of Perry County author¬
ity to relieve L. Y. Tarrant.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the Corntnis-uoners’ Court of Perry county be, and
are hereby authorized to make to L. Y. Tarrant such allow¬
ance for losses sustained by him on the building of the
court-house of said county, a3 to them may seem just and
proper.

Approved, February 8, 1860.

No. 430.] AN ACT

To allow the Commissioners’ Court of Roads and Revenue
of the County of Perry to build a bridge across Cahaba
river, in said County.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly, convened ,
That from and after the passage of this act, the eommis-

1859-00.

572

Patrol detach-
mout.

Justice of peace

List.

Constable.

sioners of roads and revenue of the county of Perry, be,
and they are hereby allowed to build a bridge across the
Cababa river at any place they may select on said river in
said county : Provided , said bridge shall in no wise obstruct
the navigation of said river.

Approved, February 9, 1860.

No. 431.] AN ACT

To amend the Patrol Law of Pickens County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That from and after the first day of' April, 1860, justices of
peace in their respective precincts in the county of Pickens
shall be authorized and required to order out patrol de¬
tachments, only when in their opinion the same shall be
necessary, or when requested by any citizen of said coun¬
ty, and no other patrol duty shall be required by law in
said county.

Sec. 2. Be it further enacted , That should there be at
any time in any precinct of said county no justice of the
peace,then the appointment of said patrol detachment shall
be made by the justice or justices in any adjoining pre¬
cinct.

Sec. 3. Be it further enacted , That in the appointment of
patrol detachments, the justice of the peace shall, if prac¬
ticable, appoint a slaveholder or some other responsi¬
ble person to be leader of each patrol detachment.

Sec. 4. Be it further enacted , That it shall be the duty
of the justice appointing any patrol detachment to make
out a list of the names of the persons composing each de¬
tachment, with the leader thereof, designating when the
term of service of the detachment will commence, each
detachment being required to serve as patrol not less than
two nor more than three weeks.

Sec. 5. Be it further enacted , That the list so made out
shall be delivered to the constable of the precinct for which
patrols are appointed, and shall be by said constable served
on the leader of each detachment, within ten days there¬
after, either personally or by leaving the list at his place of
residence; and upon receiving such list and notice, said
leader must within five days thereafter, notify each mem¬
ber on said list personally, or by leaving written notice at

1859-m

bis place of residence, and designate the time and place of
the meeting of the patrol.

Sec. 6. Be it farther enacted , That sections 990-1 ~2~3
4-5~6-7-8-9 1,000”!-2-8-4 of the Code of Alabama, shall
apply to all patrol detachments appointed under the pro¬
visions of this act.

Approved, February 21, 1860.

No. 432.] AN ACT

To authorize Justices of the Peace to appoint apportioners
of roads in Pickens County and for other purposes.

Sec 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,

That it shall be the duty of the justices of the peace in
and for the county of Pickens, on the first Monday of
March, I860, and every two years thereafter, to meet and
appoint two apportioners in their respective beats or pre¬
cincts, and within five days give notice to the apportioners KoUce#
of their appointment, they shall act as supervisors of the
roads in their respective precincts, and said justices shall
report to the grand jury at each term of the circuit court,
the condition of the roads, and if any road has been neg¬
lected, to return such overseer.

Sec. 2. Be it further enacted , That all the duties required
by the laws now in force, in relation to the appointment-
of apportioners and tilling or vacancies, anu the supervision
of roads shall be in each respective precinct performed by
the justices of the peace, and the justice who makes the
report to the grand jury, shall receive for his services two
dollars, and the same mileage, which jurymen now receive,
and for this purpose, the foreman of the grand jury shall
give to each justice so reporting a certificate, stating the
amount, and that he had reported the condition of the
road in his precinct in accordance with the provisions of
this act, which certificate when presented, the county tr£a*
surer shall pay off.

Sec. 3. Be it further enacted , That it shall be the duty
of the apportioners after they have complied with section
1145 of the Code, and within ten days after notice of their
appointment to divide the roads of their respective beats
or precincts into conveni nt road precincts, and to each
division, appoint a responsible person overseer, and appor-orcntcn.

tioix the hands subject to road duty, amongst t he overseers
of their respective beats, and within five days give notice
to the overseers of their appointment, the particular road
allotted to each, with a list of hands, and they shall fill all
vacancies which may occur in the office of overseer, and
re-apportion the hands when necessary.

Sec. 4. Be it further enacted , That it shall be the duty

JOjiCrt io
JMto Jildg**.

Election of
tiev of the p

r ro 'of the apportioners within thirty days after the appoint¬
ment of overseers to report to the judge of probate, trans¬
mitted by mail, or otherwise, the person so appointed, the
time for which they were appointed, and road allotted to
each, and the apportioners shall be exempt from road
service during the time for which they were appointed.

Sec. 5. Be it further enacted , That it shall be the duty
of the judge of probate, on the 1st Monday of March, 1860,
jus-and every two years thereafter, if there is no election for
eace ‘justice of the peace during the time, to appoint two appor¬
tioners in each beat in which there is no justice acting;
said apportioners shall perform the same duties required of
apportioners appointed by justices of the peace, and they
are hereby further required to review and report the con¬
dition of the roads in their respective beats to the grand
jury, as are required by this act of justices of the peace,
and they shall receive the same pay for like service and
for a more perfect view of duties required of officers ap¬
pointed by this act, all of chapter 14, article 1 of the Code,
which do not contravene the provisions of this act, are
hereby continued in lull force, except section 1186, which
is hereby repealed so far as relates to the county of
Pickens.

Sec, 6. Be it further enacted, That the overseers, when
application is made to them by any person belonging to
their division for a portion of road to be set apart for them
to keep up, shall allot to the person so applying a reason-
AUotto persons * able portion of such road, and such person or persons shall
be liable to the overseer for all fines and cost,with twenty per
cent damages, which he may sustain by the neglect ot such
persons to keep their road in order, to be recovered before
any justice of the peace, or circuit court when the amount
is over fifty dollars.

Sec. 7. Be it further enacted, That an act to authorize
justices of the peace to apportion hands on the roads in
Pickens county, approved January 16th, 1858, be, and the
same is hereby repealed.

Approved, February 15, 1860.

575 1859- , 60.

No. 433.] AN ACT

To enable the people of Pickens county to more perma¬
nently locate the seat of Justice of said county, and for

other purposes.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That it shall be the duty of the sheriff of said county, and
in case of his death, removal or resignation, it shall be the
duty of the coroner, to open and hold an election, at the gliCriQ .
several election precincts in said county, on the first Monday
in August, in eighteen hundred and, sixty, for the purpose
of deciding whether the seat of justice in said county shall
be removed from Carrolton its present location, to Pickens¬
ville in said county.

Sec. 2. Be it further enacted , That said sheriff or coroner
shall give at least thirty days notice of said election, by
advertisement in all the newspapers published in said county Noticc *
arid by posting up written notices in some conspicuous
place at each election precinct in said county; the polls
at said election shall be opened by or before the hour of ten
o’clock, A. M., at all the precincts in said county, and shall
remain open unti ! four o'clock, P. M.; all persons entitled
to vote for representatives to the legislature shall be entitled
to vote at said election; each voter in favor of removing the
scat of justice to Pickens ville, shall write on his ticket
Pickensville, and each voter wishing the seat of justice to
remain at Carrolton, shall write on his ticket Carrolton. The
said election shall be conducted under the same laws, and
governed by the same rules (except herein directed) which
govern general elections.

Sec. 3. Be it further enacted, That the managers at said
election shall after the polls are closed at the several pre¬
cincts, carefully count out and compare the votes cast at
their respective precincts, and shall send up to the sheriff
or coroner at Carrolton a correct and certified statement of
all the votes cast, together with a list of all those who may ketarn3
have voted at such precinct, which return shall be made
within three days from the day of election, and the sheriff
or coroner, together with the managers at Carrolton and
Pickensville, or such of them as shall be present, shall pro¬
ceed as in case of a general election, to carefully count and
compare the votes as returned from the several precincts,
and when the votes are so counted and compared, the sheriff
or.coroner shall make public proclamation at the court

1859-60.

576

Notice.

house floor of the vote as thus ascertained, and if it shall
appear that a majority of all those voting at said election
shall have voted lor Carrolton, then in that event, the seat
of justice shall be and remain permanently located at Car¬
rolton ; but if a majority of all t hose voting at said election
shall have voted for Pickensville, then, in that event, the
St at of justice shall be and remain permanently located at
Pickensville in said county.

Sec. 4. Be it further enacted , That in the event the seat of
justice shall be located at Pickensville by a majority of all
Majority of tote, the legal votes cast at said election, that the citizens of
Pickensville. and vicinity shall furnish a suitable lot and
build thereon a commodious and convenient court house,
and also furnish a lot and build thereon a sufficient and
substantial jail, all free of cost to the county, the court
house and jail not to cost less than twenty thousand dollars.

Sec. 5. Be it further enacted , That in the event that
Pickensville shall receive a majority of all the legal votes
east at said election, then it shall* be the duty of the sheriff
or coroner, to give notice to the mayor of Pickensville the
result of said election within ten days after said election.
Sec. 6. Be it further enacted , That in the event that Pick-
Mayor of Pick-ensville receives a majority of all the legal votes cast at said
election } u county, that it shall be the duty of the
mayor of the town of Pickensville in said county to order
an election within the corporate limits of said town, for the
purpose of electing five commissioners, who shall be citi¬
zens of said town, whose duty it shall be to select locations
for the court house and jail, and to advertise, receive pro¬
posals and contract for the building of the court house and
jail, and collect all moneys which have been or may be
subscribed for the building of said court house and jail, and
so soon as said bildings are completed, it shall be the duty
of said commissioners to obtain and tender a full and com¬
plete title to said lots and buildings to the commissioners
court for the use and benefit of said county.

Sec. 7. Be it further enacted , That until said public
buildings shall be completed for the reception of the public
records and the holding of the several courts, all the courts
shall continue to be held at Carrolton.

Sec. 8 . Be it further enacted , That so soon as said public
buildings shall be completed, it shall be the duty of the
Remove records. comm j sg j oners cour t to order the removal of the public

records of the county thereto, and all the courts of said
county shall thereafter, be held in the court house in Pick-

Buildings.

577

1859-60.

ensville, which shall become the permanent seat of justice
for said county.

Sec. 9. Be it further enacted , That so soon as said titles
are completed and tendered to the commissioners court, it Ptlblicnotice
shall be the duty of the judge of the probate court of said
county to give public notice for one month in all the papers
published in said county, that the several courts of said
county, thereafter will be held at the court house in the
town of Pickensville in said county.

Sec. 10. Be it further enacted , That if the sheriff, coro¬
ner, judge of probate or the commissioners of roads and
revenue, or any of them, shall fail or refuse to do and per- Penalties,
form any or all of the duties required of them by the fore¬
going sections of this act, he or they shall for such refusal
or failure, each be fined in a sum not less than two thous¬
and dollars, to be recovered upon motion by the solicitor
of the seventh judicial circuit, before the circuit court of
said county, in the name of and for the use of |the county
of Pickens: Provided , The parties so offending shall have
ten days notice of such motion.

Sec. 11. Be it further enacted. That in the event the
seat of justice is located at Pikensville, by a majority of all
• the legal votes cast at said election, so soon a3 the aforesaid
buildings are completed and conveyed to the commission¬
ers of said county, then all laws contravening or in anywise
confiding with this act, be, and the same are hereby
repealed.

Approved, February 17, 1860.

No. 434.] AN ACT

To Incorporate “ Spring Hill Male and Female Academy,”

in Pike county.

Sec. 1. Be it enacted by the Senate and House of .Represent¬
atives of the State of Alabama in General Assembly, convened,

That James M. Gibson, Peter Spencer, Thomas Boutwell, Body corporate.

Jesse Roberts and Jason Syson, and their successors in

office, be, and they are hereby constituted and declared a

body coporate, by the name and style of the “ Spring Hill

Male and Female Academy,” and by that name may sue

and be sued, plead and be impleaded, answer and be

answed unto, in all kinds of actions, both in law and equity,

578

1859-’60.

Sale of liquor
prohibited.

may receive donations, purchase property of any kind
whatever, real, personal or mixed, for the sole use and
benefit of the said academy; the same to use, hold or dis*
pose of at pleasure, and have and use a common seal; they
shall further be empowered to make Such rules, regulations
and by-laws for the good government of said academy as
may be necessary, the same not being repugnant to the
constitution of the United States or the constitution and
laws of this State.

Sec. 2. Be it further enacted , That it shall not be lawful
for any person to sell spirituous liquors or wines at any
place within one mile of said academy, except for medici¬
nal purposes, and if any person shall sell spirituous liquors
or wines within such distance of said academy, in violation
of the provisions of this section, such person shall be sub¬
ject to indictment, and on conviction, may be fined not less
than one hundred nor more than five hundred dollars, for
each and ev#ry such offence.

Approved, February 9, 1860.

No. 435.] AN ACT

To give to the Intendant of Orion justices jurisdiction and

for other purposes.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
Intendant to act That from and after the passage of this act the intendant of
asjusMce of the ^ town Q f Orion, in Pike county, shall be authorized to

act as a justice of the peace for the precinct in which said
town is situated, shall be subject to all the liabilities, and
entitled to all the privileges of other justices, and shall give

Mar«h a i to give bond as other justices. ■

tona. Sec. 2. Be it further enacted, That the marshall of said

town, shall act as constable for said precinct, and shall give
bond as other constables, and be entitled to the same privi¬
leges and subject to the same liabilities as other constables.
Office vacant Sec. 8. Be further it enacted, That if the intendant or
marshal of said town, in office at the time of the passage
of this act, shall fail to make bond as justice and constable,
in accordance with the provisions of this act, within twenty-
days after the adjournment of this session, their respective
jurisdiction, offices shall be vacant and a new election shall be had.

Sec. 4. Be it further enacted, That the civil jurisdiction

579

1859 - 60 .

of said intendant as magistrate under the provisions of this
act, shall extend alone to causes of action arising within
the corporate limits of said town, and his criminal jurisdic¬
tion, to crimes and misdemeanors perpetrated withi^ said
corporate limits, except when he may be called to sifc\n aid
of some other justice of the county, and that, the powers of
the said marshal as constable, be restricted in like manner,
as well as his duties and liabilities, to the enforcement of
the civil and criminal jurisdiction hereby conferred on said
intendant.

Approved, February 21, 1860.

No. 486.] AN ACT

To divide Valley Beat in Pike county into two Beats,

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened r
That from and after the passage of this act, the beat com¬
monly known and designated as Valley Beat, No. 8, in
Pike county,* be, and the same is hereby divided as follows,
to-wit: That is to say, by a line commencing at the south- Divigion Iioe ,
ern boundary of said beat, dividing Pike county from Cov¬
ington county, where the section line dividing township
eight, of range eighteen, crosses said boundary, running
thence due north to the northern boundary of said town¬
ship, thence diagonally across sections thirty-three and
twenty-nine due north-west to Patsalige creek; all that part
of said beat lying east and north of said line, to bear the
same name and number as heretofore, and all that part of
it lying west of said line, to constitute a new* beat, to be
known and designated, as provided by the commissioners
court of Pike county.

Sec. 2. Beit further enacted , That as soon after the^ pas- Section,
sage of this act as possible and convenient, the sheriff of
Pike county shall order ah election to be held in said new
beat, for two j ustices of the peace and one constable, and
also for a permanent court ground and election precinct for
the same, giving at least ten days notice thereof, as in other
cases required; the justices and constable then elected, shall
hold their offices until the next general election for justices
and constables, and the place in said beat getting the highest
number of votes for court ground and election precinct,

1859 -’ 60 .

580

Officers.

shall be the permanent place of holding elections and
justices courts in said beat

Sec* 3. Be it further enacted , That until such officers
shall h|ve been elected, and court ground and election pre¬
cinct permanently fixed, all elections and judicial proceed¬
ings shall be conducted for the whole of said Valley Beat
at the place heretofore used for that purpose.

Approved, February 23, 1860.

No. 437.] AN ACT

To give the Judge of Probate of Pike county jurisdiction
of the estate of William B. Kyle, late of Montgomery
county.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That from and after the passage of this act, the probate
judge of Pike county shall have full power and authority
to grant letters of administration on the estate of William
B. Kyle, (late of the county of Montgomery) deceased, and
shall have as full jurisdiction over said administration and
the estate of said William B. Kyle, as if the said William
B. Kyle, at the time of his death had resided in the county
of Pike. J

Sec. 2. Be it further enacted , Tbat all laws and parts of
laws contravening the provisions of this act be, and the
same are hereby repealed.

Approved, February 21, 1860.

No. 438.] AN ACT

To prohibit the sale of Spirituous Liquors within one mile
of the village of Clay Hill, in the county of Pike.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,\
That from and after the passage of this act, it shall not be
lawful for any person or persons, to retail vinous or spirifcous
liquors within one mile of the village of Clay Hill, in the
county of Pike: Provided , That this act shall not be so

581

1859 - 60 .

construed, as to prevent the sale of all kinds of liquors for
medicinal purposes.

Approved, November 29, 1859.

No. 439.] AN ACT

To exempt Justices of the Peace and Constables from work¬
ing on roads in Randolph county, Alabama.

Sec. 1. Beit enacted by the Senate and Bouse of Represent'
atives of the State of Alabama in General Assembly , convened,
That so much of the fourth section of an act, entitled ‘‘an
act in relation to road working in Randolph county,”
approved February 18th, 1854, as compels justices of the

E eace and constables in said county to work on roads, is
ereby repealed, and that all justices of the peace and con¬
stables in said county of Randolph, are hereby exempt from
working on roads in said county of Randolph.

Approved, February 21, 1860.

No. 440] AN ACT

To authorize the issue of Letters Testamentary without
bond, in a certain case therein named.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the probate judge of Russell county, be, and he is
hereby authorized, to issue letters testamentary to Elizabeth
Vann and Henry M. Vann, executrix and executor of
Joseph M. Vann, under the l^st will and testament of said
Joseph M. Vann, deceased, without first requiring from
them any bond for the faithful discharge of their duties:
Provided, That satisfactory proof shall first be made to said
probate judge, that such was the wish and intention of the
said testator: And provided, also, that the evid'enoe shall
be reduced to writing, subscribed and sworn to by the
witness or witnesses so testifying, and filed in said court.
Approved, February 15,1860.

1859 -’ 60 .

582

No. 441.] AN ACT

To regulate the sale of Spirituous Liquors, in and near the

town of Tillula.

•

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened y
That hereafter it shall not be lawful for any person to sell
any spirituous or intoxicating liquors, in any quantity less
than five gallons, within the town of Villula, in Bussell
county, or within one mile of any church or academy in
said town; and'any person violating any provision of this
act, shall be liable to indictment therefor, and on conviction
shall be fined in any sum the jury may assess, nob exceed¬
ing five hundred dollars: Provided , however , That this act
shall not be construed, to affect any license which may
have been duly obtained before the passage of this act, nor
to prohibit the sale of wines or liquors for medicinal pur¬
poses.

Approved, February 21, 1860.

No. 442.] AN ACT

To authorize the Probate Court of Bussell county to sanc-
g^tion a division of the slaves of Toliver Jones, deceased,
as therein shown. %

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the probate court of Brnssell county, be, and is hereby
authorized to sanction any division of the slaves of the
estate of Toliver Jones, deceased, which has been agreed
upon or made, or which hereafter may be agreed upon or
made which can be rendered equal among the heirs or dis¬
tributees, by retaining out of any such division of slaves,
one slave, and selling the one so detained, and using, the
proceeds of the sale of that one, in equalizing the division
made of the others.

Approved, January 21,1860.

No. 443.] AN 4CT

To regulate Sheriffs’ and Coroners’ sales in the County of

Shelby.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened^
That from and after the first day of February, 1860, it shall
be the duty of the sheriff or coroner of Shelby county,
whenever any property shall be levifd on by virtue of an
execution, situated in precincts Nos. ten and eleven to offer
the same for sale in the town of Harpersville, and that the
third Monday in each month shall be the regular sale day
for such sheriff or coroner’s sales, and that said sheriff or
coroner shall be required to give the same notice and in
tie same manner as now required by law.

Sec. 2. Be it further enacted\ That all laws and parts of
laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, February 8, 1860.

No. 444.] AN ACT

To regulate the sale of spirituous liquors in Precinct No.

6, in the County of Shelby.

Sec. 1 . Be it enacted by the Senate and House of Repre$ent-
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, it shall be the
duty of any person or persons who may desire to retail
spirituous liquors in* precinct No. 5, in Shelby county, be¬
fore obtaining a license to retail as aforesaid, must obtain
and file with thye judge of probate of said county, the writ¬
ten consent of a majority of the voters of said precinct.

Sec. 2. Be it further enacted. That any person or persons
violating the provisions of the first section of this act, shall
be liable to indictment, and Bhall, on conviction, be fined
by the jury trying the same, not less than fifty nor more
than one hundrea dollars for each violation of the same.
Approved, February 24, I860.

1859-m

584

No. 445.] AN ACT

To prevent the sale of spirituous liquors within two milesof

Columbian Institute.

Sec. 1. Be enacted by the Seriate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
proh : b^tcd U0rs from and after the passage of this act, it shall not be

lawful for any person or persons to sell, vend, exchange or
barter away for moriey or other consideration of value, or
for promise or expectation thereof, within two miles of the
Columbian Institute, situated in Tuskaloosa county, about
four miles and a half south of the city of Tuskaloosa, near
the road to Greensboro, any brandy, gin, rum, whiskey,
wine, or other spirituous, vinous, malt or intoxicating
liquors, or beverages in any quantity, large or small, and
any person so violating the provisions of this act, shall be
liable to be indicted therefor by the grand jury of the
county, and on conviction, shall for the first offense be
fined not less than fifty dollars nor more than one hundred
dollars, and for every subsequent offense be fined not less
than one hundred dollars, and may in addition thereto, at
the discretion of the court be imprisoned three months in
the county jail.

Sec. 2. Be it further enacted , That hereafter it shall not
be lawful for the judge of the probate court to issue license
Juiigeof Pr ol>a t e ‘to any person or persons to sell, barter, or exchange any
spirituous, vinous, malt or intoxicating liquors, or bever¬
ages contrary to the provisions of the preceding section.

Sec. 8. Be it further enacted , That nothing herein eon-
Physicians. tained shall be so construed as to prevent physicians from
administering to their patients spirituous or vinous liquors,
or to prevent any licensed retailer within the limits named
in the first section from continuing to retail under this said
license until it expires by its own limitation.

Sec. 4. Be it further enacted , That this act shall be deemed
and held in law a public act, and shall be judicially taken
notice of without being specially pleaded, and for every
conviction for offending against tne provisions of the same,
the solicitor's fees shall be twenty dollars.

Approved, February 25, 1860.

585

No. 446.] AN ACT

To prevent the sale of spirituous liquors within one mile
of Elliottsville, in Shelby County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly ) convened,\
That from and after the passage of this act no person or
persons shall sell or dispose of spirituous or intoxicating
liquors within one mile of the place known as Elliottsville
in the county of Shelby.

Sec. 2. And be it further enacted } That any one Offending
against the provisions of this act, or in %ny wise giving
away, selling or disposing of spirituous liquors of any kind
except for medicinal purposes with intent to evade the pro¬
visions of this act, shall be guilty of a misdemeanor, and
shall be liable to indictment, ana on conviction, shall be
fined not less than fifty nor more than one hundred dol¬
lars.

Appkoyed, February 21; 1860.

No. 447.] AN ACT

To prevent the sale of vinous or spirituous liquors within

one mile of Springville Academy, in St. Clair County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

That it is made the duty of the sheriff of St. Clair county
upon the petition of fifteen householders residing in the sherir.
township in which the village of Springville in St. Clair
county is situated, to advertise and hold an election at the
said village of Springville, for the purpose of ascertaining
the sense of the citizens of said township, as to the prohi¬
bition of vending vinous or spirituous liquors within one galeofliquorjfc
mile of the academy at said village, at which all the quali¬
fied voters of said township * shall be entitled to vote; the voters,
said election to be conducted by the sheriff and two mana¬
gers and clerks, to be by him seleoted, after the manner of
holding elections for members to the General Assembly,
of the time and place of holding said election, the sheriff Notice,
shall give thirty days previous notice, posted at Spring-
ville, and at four other of the most public places in said
township.

1859- 60.

586

Election.

Voters.

Deliver to judge
of probate.

Sec. 2. Be it further enacted , That the voters at said elec¬
tion shall write upon their tickets “ prohibition,” or no
prohibition.” If upon counting not the votes it shall appear
that there are a majority of votes for prohibition, the said
managers and clerks shall certify the same, together with
one list of the scroll and tally sheet kept at said election to
the judge of probate of said county, and deliver the same
to the said sheriff or his deputy holding said election, as
the case may be, whose duty it shall be to deliver the same
within three days to said judge of probate, and it shall not
be lawful for the said judge of probate thereafter to issue
any license to any one to retail vinous or spirituous liquors
in said township within one mile of said academy, nor shall
it be lawful lor any person to vend any vinous or spirituous
liquors in any quantity, (except for medicinal purposes,)
within one mile of said academy, or to be drank within one
mile of the same, he knowing the purpose for which it is
sold. Any person knowingly violating the provisions of
this law, shau be liable to indictment as a retailer without
license, and subject to the same fines and penalties as
such.

Sec. 3. Be it further enacted, That any sheriff, manager
or clerk refusing to act as required by the provisions of
this act, shall upon notice and proof thereof, made before
the judge of the circuit court of said county, be lined in
a sum not exceeding fifty dollars, as the judge may see
proper, and any person voting in said election, who is not
a legal voter and citizen of the township, may be indicted,
and on conviction, fined fifty dollars.

Approved, February 24, 1860.

No. 448.] AN ACT

For the preservation of Game, in the County of Sumter.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,
That from and after the passage of this act, no person shall
kill any wild buck, doe or fawn, in the county of Sumter,
in this State, at any time between the first day of March
and the first day of October, in any year.

Sec. 2. Be it further enacted, That any person violating
this act shall be liable to indictment, and upon conviction,

587

1859-*60.

shall be fined not less than fifty nor more than one hundred
dollars, one half of which shall go to the informer, and the
other to the treasury of the county.

Approved, January 25, 1860.

No. 449.] AN ACT

To make valid in law certain proceedings by the qualified
voters of the City of Tuskaloosa therein named.

Sec. 1. Beit enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened ,

That an election held by the qualified voters of the city of
Tuskaloosa, on the eleventh day of December, one thou¬
sand eight hundred and fifty-eight, under the provisions of
section of twelve hundred and fifty-five of the Code of Kectl0n
Alabama, as amended by an act, entitled An Act to amend
said section of the Code, approved February 20tb, 1854,
authorizing the mayor and aldermen of said city to issue
the bonds of the city for forty thousand dollars, payable Bond3
within twenty years from date, and authorizing said bonds
or the proceeds of sale thereof, at par value, to be invested
by said city in the capital stock of the North-East and
South-West Alabama railroad company, and also author¬
izing said mayor and aldermen to levy and collect such tax
in said city, as may be necessary to pay the principal and
interest of said bonds, be, and the said election is hereby
made and declared to be good and valid authority in law,
authorizing said mayor and aldermen to levy and collect
such tax.

Sec. 2. Be it further enacted, That the bonds issued by T&x
said mayor and aldermen, and their ordinances to levy and ax ‘
collect a tax for the payment of said bonds, passed in accor¬
dance with the recitals of the foregoing section of this act,
be, and the same are made binding and valid in law.

Approved, February 10,1860.

1859 -’ 60 .

588

No. 450.]

AN ACT

To make valid in law certain proceedings by the qualified
voters of the City of Tuskaloosa therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
ntS t i)ec„ b iS8? n That an election held by the qualified voters of the city of
Tuskaloosa, on the eleventh day of December, one thou¬
sand eight hundred and fifty-eight, (under the provisions
of section twelve hundred and fifty-five of the Code of
Alabama, as amended by an act entitled An Act to amend
said section of the Code, approved February the twentieth,
one thousand eight hundred and fifty-four,) authorizing the
mayor and aldermen of said city to issue the bonds of the
city for forty thousand dollars, payable within twenty years
from date, said bonds or the proceeds of sale thereof, at par
value, to be invested by said city in the capital stock of
the North-East and South-West Alabama railroad company,
and also authorizing said mayor and aldermen to levy and
collect such tax in said city, as may be necessary to pay
the principal and interest of said bonds, be, and the said
election is hereby made good and valid authority in law
for said mayor and aldermen to levy and collect such tax
in said city as may be necessary to pay the principal of the
same.

Sec. 2. And be it further enacted , That the bonds issued
by said mayor and aldermen, and the ordinance or ordi¬
nances to levy and collect in said city the necessary tax to
pay the principal and interest of the same adopted by them
in accordance with the recitals of the foregoing section of
this act, be, and the same are hereby made valid and bind¬
ing in law.

Approved, February 22, 1860.

Capital stock.

Collect tax.

No. 451.] AN ACT

To prevent the sale of vinous or spirituous liquors in the
Town of New Lexington, and in beat No. 2 West of
North River, in Tuskaloosa County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened.
That from and after the passage of this act, it shall not be

589

1859-00,

Lawful for any person or persons to sell, vend, exchange or
barter away ior money or other consideration of value, or
for the promise or expectation thereof, within the limits of
the town of New Lexington, and all of beat No. two (2)^ of UqiJOrs
west of North river, in the county,of Tuskaloosa, any prohibited,
brandy, gin, rum, whiskey, wine or other spirituous or
vinous, or intoxicating liquors in any quantity, large or
small, and any person so violating the provisions of this
act, shall be liable to be indicted by the grand jury of said
county, and on conviction, shall for the first offense be fined
in a sum not less than fifty nor more than one hundred
dollars, and for the second and for every subsequent offense
shall, in addition to said fine be imprisoned in the county
jail three months, and the solicitor’s fee for conviction shall
be twenty dollars ($20.)

Sec. 2. Be it further enacted , That it shall not be law- rebate court,
ful hereafter for the probate court of said couaty to grant
any license to any person or persons to sell, barter, or ex¬
change any spirituous or vinous liquors contrary to the
provisions of the first section of this act.

Sec. 8. Be it further enacted , That nothing herein con* physician*,
tained shall be so construed as to prevent physicians from
administering to their patients vinous or spirituous liquors.

Sec. 4. Be it further enacted ,, That all laws and parts of
laws conflicting with the provisions of this act, be, and the
same are hereby repealed.

Approved, December 17, 1859.

No. 452.] AN ACT

To establish a certain Ferry therein named, in the County

of Washington.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That Joshua D. Bostick, Of the county of Washington, be,
and he is hereby authorized to establish a public ferry on
his own land, across Cintibouge creek, in said county, at a
place known as Biggin’s old ferry, and the court of county
commissioners shall regulate the tolls for said ferry.

Sec. 2. Be it further enacted , That the provisions of sec¬
tions 1191 and 1192 t of the Code of Alabama, so far as they
require the execution of a bond shall not apply so far as
the provisions of this act are concerned.

Approved, February 9,1860.

590

1859-’60.

Sheriff to hold
election.

No. 453.] AN ACT

To amend the Road Law in Washington County.

Sec. 1 . Be it enacted by the Senate and Home of Represen .«
tatives of the State of Alabama in General Assembly, convened\
That all persons or hands liable by law to work on public
roads residing in the county of Washington, shall be liable
to work on any public roads in said county, to which they
may be apportioned, if any part of said road is within ten
miles of the residence of any such person or hands.

Approved, February 24, 1860.

No. 454 ] AN ACT

To declare Bassett’s Creek in the County of Washington a

public highway.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, Bassett Creek
in the county of Washington shall be a public highway
from its mouth or entrance into the Tombigbee river, to
Sullivan’s ferry, and all persons who shall put any obstruc¬
tion in said creek, shall be subject to a fine of not less than
five nor more than one hundred dollars, to be assessed in
any court of competent jurisdiction.

Approved, February 24, 1860.

No. 455.] AN ACT

To locate permanently the Seat of Justice in Washington

County.

Sec. 1. Be it enacted by the Senate and Home of Represent <■
atives of the State of Alabama m General Assembly convened,
That the sheriff of Washington county shall open and hold
an election at the several precincts in said county on the
first Monday in May next, for the purpose of enabling the
people of said county to locate permanently the seat of
justice thereof, which election shall be held and conducted
agreeable to the same regulations as are now prescribed by

591

1859-80.

law, for the conducting elections of members for the General
Assembly of this State, and it shall be the duty of said
sheriff to give at least twenty days notice of the time of
holding said election, by advertisement posted up at the
court house door and at least five other public places in
said county, on which notices he shall put in nomination
the names of St Stephens and the centre of the county or
the most eligible place within five miles of the centre.

Sec. 2. Be it further enacted , That at the election held
for the purpose of locating said seat of justice aforesaid, it
shall be lawful for all the legal voters of said county to ^ YOterit
vote for either of the places nominated as aforesaid, by
writing upon his ticket the name of theplace of their choice,
and it shall be the duty of said sheriff, after the votes of
the several precincts agreeable to law are compared and the Jud egandcrk> ,
result ascertained by the judges and clerks of said election g *
at the court house at St. Stephens, to make public procla¬
mation thereof, and if either place shall receive a majority
of all the votes cast at said election, it shall be deemed and
regarded the permanent seat of justice of said county.

Sec. 8. Be it further maeted 1 That should the centre of
the county or within five miles of the centre be elected
under the provisions of this act as the permanent seat ofcommiMioner*.
justice of Washington county, L. B. Parker, William Prin¬
gle, James Baxter, C. Page and James K. Blount, are hereby
appointed commissioners to purchase forty acres of land at
said place or within five miles of the centre of the county,
the same forty acres to be laid off into streets and town
lots, and a suitable place selected for the court house and
jail, to be built on some one or more of said lots; after
which to prepare a map of the town lots and streets, and
shall have power to sell said lots for the benefit of the
county in any way that said commissioners may think
proper, and when completed shall be returned to the com¬
missioners court of said county with a full and complete
statement and showing of all the expenses incurred in carry¬
ing out the object of this act.

Sec. 4. And he it further enacted, That should a majority Majority of vote*
of all the votes cast be in favor of the centre of the county
or the most eligible point within five miles of the centre, it
is hereby made the duty of the sheriff holding said election
to make a report thereof to the next commissioners court
of Washington county to be held thereafter, and it shall be
the duty of said court, upon said report being made, to
advertise for such time and in such manner as they may
think advisable, for proposals for the building of a court

1859-60.

592

Contracts for
buildings, <tc.

Levy tax.

Installments.

house and jail at the place which shall have been selected
and declared the permanent seat of justice of said county.

Sec. 5. Be it further macted y That whenever said court
shall enter into a contract or contracts for the building of
the court house and jail, it shall require in all cases the
contractor or contractors, to enter into bond with good and
sufficient sureties in,such amount as it may require, pay¬
able to such officer of said county and his successors in
office as it may direct, for the faithful performance of the
contract within the time which may be prescribed by said
court for the completion of the same, and it may be, and is
hereby made lawful for said commissioners court to levy a
tax upon all legal subjects of taxation in said county, suffi¬
cient to meet the necessary expenses attendant upon the
erection and completion of said court house and jail and
other expenses inferred therein, which tax, when levied,
shall be divided into three equal installments, one-third to
be collected in the year 1860, one-third in the year 1861,
and one-third in the year 1862, shall be assessed and collec¬
ted in the same mode now prescribed by law for collecting
the State and county taxes of this State, and said court
shall adopt such regulations in regard to the safe keeping
and disbursements of the same, as it may think proper.

Sec. 6. And he it further enacted , That should said
b^ udge0fI>r0 ^ oc ation be made as provided in the foreging sections of this
act, it shall be the duty of the clerk of the circuit court,
judge of probate and sheriff of said county, to remove
within six months after said court house and jail have been
completed, all books, papers and records belonging to their
respective courts to such new county seat, and all writs and
other process up to that time made and returnable to the
courts of St. Stephens, shall be deemed, and are hereby
made returnable to said county seat, and all courts of said
county shall thereafter be held at said new county seat.

Sec. 7. And he it further enacted , That any sheriff or other
officer, who shall willfully refuse to perform the dutie
required of him in this act, shall be subject to a fine of five
hundred dollars, and may be imprisoned in the county jail
not more than twenty days.

Sec. 8. And he it further enacted , That all laws and parts
of laws in conflict with the provisions of this act, be, and
the same are hereby repealed.

Approved, January 25, 1860.

CPk of cir. court

Penalty.

593

1859-60.

No. 456.] AN ACT

To authorize M. P. Death, of the county of Walker, to
erect a mill dam across Wolf Creek.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That M. P. Leath, be, and he is hereby authorized to erect
a mill dam across Wolf creek, in section 20, township 16,
range 7, west; said dam not to exceed eight feet in height,
any law to the contrary notwithstanding.

Approved, February 28, 1860.

No. 457.] AN ACT

To repeal an act therein named, in reference to apportioned

in Walker County.

Sec. 1. Be it enacted by the Senate and Home of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That an act entitled an act, “ to change the mode of appor¬
tioning apportioners within the county of Walker/’ ap¬
proved December 10th, 1841, be, and the same is hereby
repealed.

Approved, February 9, 1860.

No. 458.] AN ACT

To compensate Bailiffs for Walker county.

Sec. 1. Be it enacted by the Senate and Home af Represent¬
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of this act, Bailiffs hereaf¬
ter summoned to wait upon juries in the circuit courts of
Walker county, shall receive the same compensation, and
be paid in the same way, and out of the same funds, as
the jurors of said county are now paid.

Approved, February 9,1860.

1859-m

594

No. 459.] AN ACT

To allow the qualified voters of Walker county to elect a
County Surveyor for said county.

Sec. 1. Be it enacted by the Senate and House of Represent -
atwes of the State of Alabama in General Assembly , con vened ,
That on the first 'Monday in August, 1861, and every two
years thereafter, a county surveyor shall be elected by the
qualified voters of Walker county for said county.
Approved, January 25, 1860.

No. 460.] AN ACT

To regulate the Hoad Law in Walker County.

Sec. 1. Be it, enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly, convened,
That from and after the passage of this act, all white male
citizens of the county of Walker, between the ages of
eighteen and forty-five years, shall be liable to perform
road duty, any law to the contrary notwithstanding: Pro¬
vided\ That overseers and apportioned of the public roads
in said county of Walker, shall be exempt from working
on the public roads, during their term of office.

Approved, February 21, 1860.

No. 461.] AN ACT

To repeal the law establishing Commissioners Districts in
the County of Walker.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That an act entitled an act, establishing commissioners dis¬
tricts in the county of Walker, approved January 6th,
1852, and an act amendatory to said act, approved February
5th, 1856, be, and the same are hereby repealed.
Approved, December 15, 1859.

595

1859-m

No. 462.] AN ACT

Providing for the voters of Winston County, in the State
of Alabama, to vote for taxing the citizens of said County
to build a new Court House.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama in General Assembly, convened\

That it shall be the duty of the sheriff of the county of
Winston, in the State of Alabama, to open and hold an
election in said county on the first Monday in August, 1860, gheriff ,
to hold an election in every beat in said county, after hav¬
ing given thirty days notice thereof by posting at least three
notices in every beat, stating the time and place of holding
such an election, for the purpose of ascertaining by a vote Votera>
of said county, whether the voters of said county are will-
ing to be taxed to build a new court-house in said county.

Sec. 2. Be it further enacted , That if a majority of all
the votes cast at said election provided for, by the 1st sec- Majorityofvote9
tion of this act, shall be in favor of building such new court
house, then it shall be the duty of the court of county com¬
missioners at their next regular meeting after such election,
to draft a plan for a court house, and also make an estimate
of the probable cost of the same.

Sec. 3. Be it further enacted , That after the draft of the
plan of said court house, and the estimated cost shall have
been made, the said court of county commissioners shall Plan of court-
proceed to let the building of the said court house to the house ‘
lowest bidder, after having given thirty days notice of the
same at the court house, in said county, and the person or
persons who propose to build said court house for the least
amount of money, shall be entitled to said contract: Pro - Provldcd -
vided , be or they enter into bond and security in double
the amount of the cost of building said court house, to be
approved by the said court of county commissioners.

Sec. 4. Be it further enacted, That it shall be the duty of Levytax *
the said court of county commissioners to levy a tax upon
the citizens of said county of Winston, to pay for the build¬
ing of said court house : Provided , That said court shall not
levy an amount more than one-third of the cost of said
court house in one year.

Approved, January 28, 1860.

1859- 60.

596

Election of cl
1st Monday
August.

New bond.

Commissioners

districts.

Elections.

No. 468.] AN ACT

To legalize the late election of Clerk of the Circuit Court

of Winston County.

Whereas, at an election held in the county of Winston
on the 1st Monday of August last, Yincent S. Roden was
duly elected clerk of the circuit court of Winston county,
and did execute his official bond according to the statute,
and forwarded it to the judge of the circuit for approval,
and in consequence of the absence of the circuit judge said
bond was not approved and hied in office within the time
prescribed by law, therefore,

Sec. 1. Be it enacted by the Senate and Home of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the said Yincent S. Roden, who was elected clerk as
aforesaid, and forfeited his office as aforesaid, be, and he is
hereby authorized to execute a new official bond, and when
executed, approved and filed according to the existing law,
that said election shall in all things be legalized, and said
Yincent S. Boden be fully authorized to hold his office for
the term and time for which he was elected.

Approved, February 21,1860.

No. 464.] AN ACT

To divide the Counties of Winston and Shelby into Coun¬
ty Commissioners Districts.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the Stale of Alabama in General Assembly convened ,
That the court of county commissioners in Winston county
and Shelby, shall, on the 1st Monday in June, 1860, or as
soon thereafter, as convenient, meet at the court house
in Winston and Shelby, and proceed to divide said coun¬
ties as near as may be into four equal commissioners dis¬
tricts for each county, and each district shall be entitled to
one commissioner to be elected as hereinafter provided.

Sec. 2. Be it further enacted , That on the 1st Monday
in August, after the counties of Winston and Shelby shall
be districted as provided for in the 1st section of this act,
it shall be the duty of the sheriff of said counties to cause
to be holden an election at the various voting places in
said counties for the purpose of electing commissioners for

597

1859-'60.

the districts by the qualified voters of the county, giving
first at least thirty days notice of such election at one or
more public places in each beat in the county, and the elec*
tion so had shall be conducted in the same manner as pre¬
scribed for members of the General Assembly of this
State.

Sec. 3. Be it further enacted , That the commissioners
elected under the provisions of this act, shall enter upon
the discharge of their duties as commissioners, at the expi¬
ration of the term of the present commissioners of said
counties.

Sec. 4. Be it further enacted , That all laws and parts of
laws contravening this act, be, and the same are hereby
repealed.

Approved, January 23, 1860.

No. 465.] AN ACT

To amend “An Act” entitled “An Act to locate the
County Site of Winston County,” approved January
30th, 1858.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the second section of an act entitled 11 An Act to
locate the county Site of Winston county/’ approved Jan¬
uary 30th, 1858, be, and the same is hereby repealed.

Sec. 2. Be it further enacted. That the commissioners of
the court of roads and revenue of Winston county, are
hereby invested with all the powers and clothed with all
the duties required by said act to be exercised by the com¬
missioners named in the second section thereof, which is
repealed by this act, and all authority of purchasing land,
receiving donations, selling lots, erecting public buildings,
making titles and all other privileges mentioned therein
are hereby transferred to the commissioners of the court of
roads and revenue of Winston county.

Approved, January 25, 1860.

?r upon

es.

1859-60.

598

No. 466.] AN ACT

To authorize John Yarner and others to continue Fish
Traps on Coosa River, and for the protection of Fish
Traps, in the State of Alabama.

Sec. 1. Be it enacted by ike Senate and House of Represent *
atives of the State of Alabama in General Assembly convened ,
That John Yarner, William Gr. Lee, F. M. 5 Trawick, R. C.
Estes, Martin Sharp, E. F. Akin, and Thomas J. Hull, of
Coosa county, and their associates, are hereby authorized
to keep up and continue the fish traps now owned and
claimed by them on Coosa river, opposite fractional section
SO, township 21, range 17, on said river, so as not to in¬
terfere with the navigation of said river.

Sec 2. Be it further enacted , That any person who shall
take fish from said traps or from any other fish traps in
this State, the property of another, without authority from
the owner, shall be deemed guilty of a misdemeanor, and
on conviction thereof, shall be fined in such sum as the
jury trying the same may assess.

Approved, February 24, 1860.

No. 467.] AN ACT

For the relief of Martha Adams, of Perry County, and
Olivia Krown, of Mobile’County.

Sec. 1, Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That Martha Adams of the county of Perry, and Olivia
Brown, of the county of Mobile, be, and they are hereby
authorized and allowed to marry again, any former mar¬
riage to the contrary notwithstanding, and they are hereby
relieved from the pains and penalties of bigamy, which
might otherwise be incured by reason of any marriage
heretofore contracted.

Approved, February 23, 1860.

599

1859-m

No, 488.] AN ACT

To authorize the Administratrix of the estate of John M.
Andrews, to remove the administration from the County
of Coosa to the County of Chambers.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,,
That Rebecca Andrews, administratrix of the estate of John
M. Andrews, be authorized to move the administration and
property of said estate from the county of Coosa to the
county of Chambers, and that the judge of probate of the
county of Coosa, be authorized and required to send a tran¬
script, properly certified, of the proceedings heretofore had
in said court, in relation to said estate : Provided , the said
Rebecca Andrews shall first give bond to the judge of
probate of Chambers county, as at present required of ex¬
ecutors and administrators: Provided , That the cieditors of
said estate are willing to the removal.

Approved, February 23, 1860.

No. 469.] AN ACT

To enable Ned Adkins and other free persons of color
therein named to become slaves.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.

That Ned Adkens, a Jree man of color about sixty years
old, now living with Thomas Williams, of Coosa county, NedA dkeng.
be, and he is hereby authorized to appear in the probate
court of said county, and file his declaration in writing,
signed by him, conveying himself as a slave for life to
Mistress Inda Ware, of the city of Selma, in the county of
Dallas, to her sole and separate use; and upon said free
man of color acknowledging that he signed, sealed and de¬
livered said paper to said probate judge for the purposes
therein contained, the same shall be duly recorded and
certified by said judge, who shall receive therefor the usual
fees from said Mistress Ware, or her agent or attorney, and
the said Ned Adkens shall, therefore, become the slave of
the said,lady and subject to all the laws governing slaves
in this State, and his mistress shall be liable for said slave
as other owners of slaves are.

1859-60.

600

Tarleton Moss.

Sec. 2. Be it farther enacted , That Tarleton Moss, a free
man of color, in the county Pickens, may by complying
with the provisions of the above section, as far as applica¬
ble to the county of Pickens, choose as his master Sidney
J. Coleman of said county, or in the event said Coleman
shall die, then he may choose another master, and when he
shall so choose his master as above provided, he shall to
all intents and purposes become his slave, and the said
master so chosen, if he accepts said ownership shall be
liable as regards said Moss as other slave owners are in re¬
gard to their slaves.

Sec. 8. Be it further enacted . That William Patterson,
of Blount county, a free man of color, about twenty-five
years of age, be, and he is hereby entitled to the benefits of
this act by selecting John W. Moore of said county, as bis
owner, according to the provisions of this act.

Approved, February 21, 1860.

No. 470.] AN ACT

To authorize the Probate Court of Russell County to sanc¬
tion and confirm a division of the slaves belonging to the
estate of Mathew Averett, deceased.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the judge of the probate court of Russell county, be,
and he is hereby authorized to sanction and confirm any
division of the slaves of the estate of Mathew Averett, de¬
ceased, which has been agreed upon or made, and which
can be rendered equal amongst the heirs or distributees, by
applying a reasonable sum or sums of money to the lots of
less value, so as to make them equal in value to the lots of
greater value.

Approved, February 14, 1860.

601

1859-60.

No. 471.] AN ACT

For the relief of William Aldridge, Joseph Morris, Wil¬
liam Kramer, and Susan McNally.

Sec. 1. Be it enacted by the Senate and House of Represent-
a Lives of the State of Alabama in General Assembly convened ,
That the county commissioners of Mobile county are here¬
by authorized to draw from the county treasury of said
comity a sum not exceeding one dollar for each day, that
William Aldridge, Joseph Morris, William Kramer, and
Susan McNally, were confined in the county jail of said
county, as state’s witnesses in criminal prosecutions in said
county on satisfactory proof of the time of such confine¬
ment, and of their inability to give bond, and that they
were ordered to be committed by an officer of the State
having authority so to do.

Approved, February 23, 1860.

No. 472.] AN ACT

For the benefit of the estate of A. J. Brown, in Sumter

County.

Whereas , A.J. Brown, late of the State of Kentucky, had
at the time of his death, which occurred the 17th Decem¬
ber, 1859, a large drove of horses and mules for sale in
the county of Sumter, and whereas it would be very mju~ In j uri0lig t0 va]
rions to the value of said stock to sell it under the usual uo of 8tock *
order of the probate court, as much of it is uusuited for
that market, and whereas the expense of keeping said stock
is very heavy, as none of it can be disposed of until after
the time required by law for such sales to be advertised,
therefore,

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened, geH perg0Bal
That the administrator of the estate of the said A. J. Brown property,
be, and he is hereby authorized to sell the personal prop¬
erty of said estate in Sumter county, by either public or
private sale, or either within or without said county, as he
may think for the best interest of said estate: Provided ,

That the sureties of his bond file in the probate court of
said county their consent in writing to the provisions of
this act.

Approved, January 23, 1860.

1859-60.

602

No. 473.] AN ACT

To compensate John L. Bunch for catching a felon, and to
compensate Barrett & Wimbish.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the Controller be, and he is hereby directed to draw
his warrant on the treasurer of this State for the sum of
twenty dollars, in favor of John L. Bunch, to pay him for
pursuing, arresting and bringing to jail one William Doug¬
lass, charged with the murder of James L. Graves, in Mont¬
gomery county.

Sec, 2. And be it further enacted, That the Controller of
Public Accounts be, and he is hereby authorized and re¬
quired to draw his warrant on the State treasurer in favor
of Barrett and Wimbish for the sum of seven dollars, to be
paid out of any money in the treasury not otherwise ap¬
propriated.

Approved, February 25, 1860.

No. 474.] AN ACT

To authorize the Governor to issue to the heirs of Terry
Bradley, deceased, of Lauderdale County, patents for
certain lands therein described.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Spate of Alabama in General Assembly, convened,
That should the Governor be satisfied that the north half
of the N. E. quarter of fractional sections 5, township 2,
range 14 west, and the south half of the south east quarter
of sections 3, township 6, range 3 west, (of the Courtland
lands,) were entitled by Terry Bradley, deceased, of Lau¬
derdale county, in his lifetime, and are now of right, lands
belonging to the heirs of the said Bradley, then the Gove-
nor is hereby authorized to issue said heirs patents for all
or such portions of said lands as justly belong to them.
Approved, February 21, 1860.

603

No. 475.] AN ACT

To enable the creditors of Phillip Bartow, deceased, to

prove their claims.

Sec. 1. Be it enacted by the Seriate and House of Represent¬
atives of the State of Alabama in General Assembly convened\

That any creditor of the estate of Phillip Bartow, late of Fileclaim3 -
Dallas county, Alabama, who has hied his or her claim
against said estate in the office of the judge of probate of
Dallas county, at any time before the final decree therefor,
made in said case, shall be authorized to prove the same
before the judge of probate for said county, at any time
within twelve months from the passage of this act.

Sec. 2. Beit further enacted , That such creditor shall Notic ^
give the administrator of sa;d estate ten days notice, in
writing, of the day on which he will appear to make proof
of his claims, and for good cause shown, the hearing there¬
of may be postponed to another day. If such claim is dis¬
puted, the court must hear the evidence adduced by the
parties and decide the same according to law and evidence.

Sec. 3. Beit further enacted , That if no objection is made
to the allowance of a claim so proposed to be proven, and AHowanee of
if the court is satisfied that such claim is just, and was filed caim '
as required in the first section of this act, the court must
enter a decree allowing the same, or if such claim is objec¬
ted to and allowed by the court, a decree must be entered
in like manner.

Sec. 4. Be it further enacted , That after said claims are
so disposed of, then if there remains any part of the estate
of Phillip Bartow liable to to be escheated to the State of Escheated,
Alabama, said judge of probate shall apply said funds when
so escheated under the existing provisions of the law, pro
rata to the claims against said estate so allowed, and should
there be a surplus after the payment of the claims that may
be so allowed, the same must be disposed of in the manner Provide<i '
now required by law: Provided , That nothing in this act
contained shall be so construed £ts to affect in any way the
rights of any creditors, where claims against said estate have
been heretofore allowed.

Approved, January 23,1860.

1859- 60.

No. 476.] AN ACT

For the relief of William A. Bishop, of Tuskaloosa

County.

Seo. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\
That the Governor of the State be, and he is hereby au¬
thorized to issue a patent to William A. Bishop, of Tuska¬
loosa county, to the north-east J, sec. 16, west ^ °f the
W. J of sec. 16 and the W. 1 of the S. W. J of sec. 16, in
township 23, range 5 east, lying in Tuskaloosa county,
upon satisfactory proof being made that the said land has
been paid for, and that said Bishop is the owner of the
same.

Approved, February 1, 1860.

No. 477.] AN ACT

For the relief of William J. Bracewell of the County of

Dale.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the Controller of Public Accounts draw his warrant
on the treasurer of the State, in favor of William J. Brace-
well for one hundred and thirty dollars, money paid out
by him while sheriff of Dale county, for pursuing and
arresting two prisoners who escaped from the jail of said
county.

Approved, February 23, 1860.

No. 478.] AN ACT

To compensate Dyer T. Blythe for services rendered.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly , convened ,
That the Controller of Public Accounts be, and he is here¬
by authorized and required to draw his warrant on the
treasurer for the sum of two hundred dollars in favor of
Dyer T. Blythe, to be paid out of any money in the troa-

605

1859 - 60 .

sury not otherwise appropriated, to compensate him for
money expended and services rendered in bringing James
II. Madows, a felon charged with murder from the State of
Kentucky to the State of Alabama, under demand of the
Governor of this State.

Approved, January 13, 1860.

No. 479.] AN ACT

For the relief the heirs of Thomas Brewer, deceased, late

of Fayette County.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly , convened ,
That the Governor of the State be, and he is hereby au¬
thorized to issue a patent to the heirs of Thomas Brewer,
deceased, late of Fayette county, Alabama, to the north-east
£ and the west £ of the south-east £ of section 16, township
16, range 16 west, upon satisfactory proof being made that
said Brewer has paid for said tract of land, and that the
heirs are the proper owners of said land.

Approved, February 23, 1860.

No. 480.] AN ACT

To compensate W. B. and A. R. Bell & Co.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened,
That the Controller of Public Accounts be authorized and
required to draw his warrant on the State treasury in favor
of W. B. and A. R. Bell & Co., for the sum of twelve hun¬
dred and twenty-seven 50-100 dollars, to be paid out of
any funds in the treasury not otherwise appropriated, for
stationery and other articles furnished the State.

Approved, December 13, 1859.

1859-m

606

No. 481.] AN ACT

For the relief of Brittain and DeWolf.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\
That the Controller is hereby authorized and required to
draw his warrant on the treasurer in favor of and payable
to the order of Brittain and DeWolf, for the sum of thirteen
hundred and fifty-six dollars, which, if accepted by them,
is to be payment in full for damages sustained by them, on
account of the State failing to furnish copy for the print¬
ing of the Code at the time agreed upon, by which said
Brittain and DeWolf sustained losses to the amount speci¬
fied in this act.

Approved, February 24, 1860.

No. 482.] AN ACT

For the relief of the Executors of John Bloodgood, (late of

Mobile,) deceased.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That John Bloodgood, Jr., who has been named joint ex¬
ecutor with M. II. Bloodgood of the last will and testament
of John Bloodgood, senior, (late of Mobile,) deceased, be,
and be is hereby authorized to apply to the probate court
of Mobile, for letters testamentary upon the said last will
and testament of the said John Bloodgood, senior, deceased,
jointly with the said M. II. Bloodgood, and the said court
is hereby authorized and empowered to appoint the said
John Bloodgood, jr., joint executor as aforesaid, and to
permit him in all respects to qualify and act as said joint
executor, under the laws of this State, and the provisions
of said last will the same as if he were a resident citizen of
the county of Mobile, and State of Alabama: Provided , in
case of any suit at law or in equity served upon either of
said executors in this State, if the process in the cause shall
be sufficient to bring both parties into court, the same as if
both were personally served.

Approved, February 21, 1860.

607

1859~’60.

Ho. 488.] AN ACT

To pay W. B. & A. R. Bel! k Co., White, Pfister & Co.,

*md N. Becker.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\

That the Controller of Public Accounts, be, and be is here- A A ’ E *
by authorized and required, to draw his warrant on the
State Treasurer in favor of W. B. k A. R. Bell k Co., for
the sum of nine hundred and forty-three dollars and thir¬
teen cents, to be paid out of any money in the treasury not
otherwise appropriated.

Sec. 2. Be it further enacted , That the Controller of Pub¬
lic Accounts, be, and he his hereby authorized and required
to draw his warrant on the State Treasurer in favor of^^ pfister
White, Pfister & Co., for the sum of two hundred and °*
twenty-one dollars and seventy-five cents, to be paid out of
any money in the treasury not otherwise appropriated.

Sec. 8. Be it further enacted , That the Controller of
Public Accounts, be, and he is hereby authorized and * Bedter *
required to draw his warrant on the State Treasurer in favor
of N. Becker, for the sum of sixty dollars, to be paid out
of any money in the treasury not otherwise appropriated.

Sec. 4. Be it further enacted, That the Controller of Pub- J^®» pflrter
lie Accounts, be, and he is hereby authorized and required
to draw his warrant on the State Treasurer in favor of
White, Pfister & Co., for the sum of forty-nine dollars and
fifty cents, to be paid out of any money in the treasury not
otherwise appropriated.

Approved, February 24, 1860.

No. 484.] AN ACT

To authorize the Administrator of Jno. C. Bates, (late of
Cherokee county) deceased, to sell slaves and invest the
proceeds in lands.

Sec. 1. Be it enacted by the Senate and Home of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That upon the petition of James M. Clifton, administrator
of John C. Bates, late of the county of Cherokee, the court
of probate for said county may grant an order, authorizing
the said administrator to dispose of such of the negro prop-

1859-m

008

erty of said estate as may be deemed necessary, either at
public or private sale, and to reinvest the proceeds inlands
taking the title thereto to himself as administrator, and
said lands shall be held as though th^ said decedant had
died seized and possed thereof: Provided , That before grant*
ing said order, the parties interested in said notice, shall
have at least thirty days notice of the application, and of
the day set for the hearing thereof: And provided , further ,
That the surities of said administrator shall first file their
assent in writing in said court to the provisions of this act:
And provided , further , That the said court shall be satisfied
by proof duly taken as in chancery cases, that it is for the
interest of said estate, that said order be granted.

Approved, February 25, 1860.

No. 485.] AN ACT

For the relief of W. H. Bennett, of Sumter county.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly convened ,
That the Controller of Public Accounts, be, and he is here*
by authorized and required to draw his warrant on the
State Treasurer in favor of W. H. Bennett, of Sumter
county, for the sum of seventy-five dollars, being the
amount paid out by him in arresting and bringing back to
this State, John Murphy, upon a charge of horse stealing,
who was afterwards convicted of the same.

Approved, February 23, 1860.

No. 486.] AN ACT

To enable Nicholas Davis, Trustee, to change the invest¬
ment of trust funds.

Sec. 1 . Be enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That full f>ower and jurisdiction be, and the same are
hereby vested in, and given to the chancery court for the
twenty-ninth district,in the northern chancery division of the
State of Alabama, upon a bill making the necessary parties
to be filed by him, and on a proper showing by proof to

609

render a decree, allowing Nicholas Davis to change the
investment of five thousand dollars, part of the money
held by him under certain trusts, for the sole and separate
use of Martha Lane,.wife of George W. Lane, and tne use
of others ; and allowing him to invest said five thousand
dollars, or so much of five thousand dollars as may be
necessary, in the purchase of a house and lot, or of a lot,
and the erection of suitable buildings thereon in Huntsville,
which house and lot when purchased, or lot purchased and
buit upon, shall be held by him under the same trusts that
he now holds the money.

Appkoved, December 14, 1859.

No. 487.] AN ACT

For the relief of Louis Dolive, Tax Assessor of Baldwin

County.

Sec. 1 . Be it enacted by the Senate and Home of Represent¬
atives of the State of Alabama in General Assembly 1 convenedy
That the Controller of Public Accounts, be, and he is
hereby directed to draw his warrant on the treasurer of
this State, for the sum of six hundred dollars, to be paid
out of any money in the treasury not otherwise appropria¬
ted, in favor of Lewis Dolive, late tax assessor of Baldwin
county, it being the amount of a judgmentk>btained at the
January term of the circuit court, for the county of Mont¬
gomery, for the year 1859, said judgment being obtained
against said Dolive, for his failure to assess the taxes of
said county within the time prescribed by law : And pro -
vided y That said Dolive, pay up all cost on said suit and
judgment.

Approved, February 24, 1860.

No. 488.] AN ACT

To give the Probate Judge of Pike county jurisdiction of
the estate of James S. Crosswell, deceased.

Sec. 1 . Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly y convenedy
That the Probate Judge of Pike county, is hereby author-
89

lssa-m

Grant letters.

1859-60.

610

Qualifying as
administrator.

Wards.

Provided.

ized and required to grant letters of administration on the
estate of James S. Cross well, late of Lowndes county,
deceased, to William Crosswell, of the county of Pike,
upon his compliance with the provisions of the statute,
applicable to administrators: Provided , That administration
on the estate of said deceased has not been heretofore gran¬
ted in the county in which he dhd.

Sec. 2. Be it further enacted , That the said William
Crosswell, upon his qualifying as administrator of said
deceased, in Pike county, shall have power to collect the
goods and chatties, rights and credits of said deceased, in
any county of the State of Alabama; making settlements
of the same with the probate judge of Pike county, as
though the said James S. Crosswell, deceased, had been a
resident of the county of Pike at the time of his death.

Approved, December 5, 1859.

No. 489.] AN ACT

To authorize James H. Clanton to hire out the slaves of
his wards in certain counties in Florida.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the Slate oj Alabama in General Assembly , convened ,
That from and alter the passage of this act, James H. Clan¬
ton, guardian of the minor heirs of William 0. Wright,
deceased, be, and he is hereby authorized in his discretion
to hire out the slaves belonging to his said wards, in the
counties of Escambia and Santa Rosa, Florida: Provided ,,
That the securities on the guardian bonds of said Clanton,
shall consent in writing to such hiring, which shall be de¬
posited with the judge of the probate court for Montgomery :
Andp'ovided further , That before such hiring, he shall take
good and sufficient security in the county of Montgomery,
for the delivery to him of Said slaves at the expiration of
the term for which they were hired.

Approved, December 16, 1859.

611

1859~m

No. 490.] AN ACT

For the relief of Herbert C. Childress and others.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives oj the State of Alabama in General Assembly o nvened,

Tnat hereafter when it becomes necessary for Herbert C.

Childress, Ben Lane Posey, William Walker and J. J.

Hooper, to take the oath against dueling required by section
110 of the Code, the said oath shall be confined in point of
time to the 14th day of November, A. I)., 1859.

Approved, February 9, 1860.

No. 491.] AN ACT

To compensate G. M. C. Weems, Thomas J. Cochran and
others, for services rendered the State, and money expen¬
ded therein.

Sec, 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,

Tnat the sum of seventy nine dollars, be, and the same is
hereby appropriated, to compensate G. M. C. Weems, for
services rendered, and money expended by him in takinr,
guarding and conveying to jail, W. Case, Mansfield Good¬
win and Joseph Cromines, charged with felony ; and the
controller of public accounts is hereby required to draw 0ontrolIcp -
his warrant on the treasurer, in favor of said Weems, for
said amount.

Sec. 2. Be it further enacted , That the sura of nine dollars,
be, and the same is hereby appropriated, to pay Thomas J. Cochran.
Cochran, for removing a sick prisoner from the jail of Mar¬
shall county to the county of Cherokee, by order of the
circuit court of Marshall county; agd that the controller is
hereby required to draw his warrant on the treasurer for
said amount.

Sec. 8. Be it further enacted , That the controller is hereby
required to draw bis warrant on the treasurer for the sum Par4ylcinl>
of twenty-onO dollars and fifty cents, in favor of C. Para-
vicini, for repairing desks, &c., during the present session
of the General Assembly.

Approved, February 24*1860*

1859-’60.

612

No. 492.] AN ACT

To authorize Green S. Cox, of the county of Barbour, to

practice medicine.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Green S. Cox, of the county of Barbour, be, and he
is hereby authorized to practice medicine in the county of
Barbour, according to the eclectic system, and to charge and
collect the usual fees for his profesional services.
Approved, February 25, 1860.

Wilcox.

Mobile.

No. 493.] AN ACT

• For the relief of certain persons therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That whenever hereafter it shall become necessary for
Herbert C. Childress, R. Carter Randolph, Lyddleton Smith
and Randolph Spedden, of Greene county, and Johnson J.
Hooper, of Montgomery county, to take the oath against
dueling prescribed by section 110 of the Code of Alabama,
such oath shall be confined in point of time to the first day
of January, A. D., 1860.

Approved, February 21, 1860.

No. 494.] AN ACT

To authorize the removal of the administration of the
estate of Alexander M. Creagh, deceased, from the county
of Wilcox to the county of Mobile.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the administration of the estate of Alexander M.
Creagh, late of Wilcox county, deceased, be, and the same
is hereby removed from the probate court of Wilcox county
to the probate court of Mobile county; and the said probate
court of Mobile is hereby invested with full jurisdiction
and authority over the said estate, and may make all orders

618

1859-m

and decrees in relation to the administration thereof, as if
said decedent at the time of his death, had resided in said
county of Mobile, and the judge of said probate court of
Wilcox county, is hereby authorized and required to trans¬
fer to said probate court of Mobile, all the original papers
on file in his office relating to said estate, together with
copies of all orders and decrees duly certified under his
hand and seal: Provided , That before this bill shall take Pr<maed *
effect, the sureties of the administrators of said estate, shall
file in said probate court of Wilcox, their written assent to
the removal of the administration of said estate.

Approved, February 16, 1860.

No. 495.] AN ACT

For the relief of Robert Curtis, of the county of Choctaw.

Sec. 1, Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the controller of public accounts, be, and he is hereby
'authorized to issue his warrant oii the treasurer of the
State, in favor of Robert Curtis, of Choctaw county, for
the sum of six hundred and twenty-five dollars, to be paid
out of the fund provided for the payment of slaves execu¬
ted for criminal offences; the said sum being one-half of
the assessed value of a slave called Bob, by the jury trying
said slave.

Approved, February 24, 1860.

No. 496.] AN ACT

To authorize the issuance of a patent to W. J. Caldwell.

Sec. 1. Beit enacted by the Senate and Bouse of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the Governor is hereby authorized, to issue a patent
to W. J. Caldwell, to west half of the south-east
quarter and the east half of west quarter, in town¬
ship twenty-three, range five east, lying in Tuscaloosa
county and State of Alabama, upon satisfactory proof that
the purchase money is paid: Provided, also, That satisfac-

1859-60.

614

Taxe* and ex¬
penses.

Controller.

tory proof be made to the Governor, that said Caldwell is
the owner of the above d< scribed lands.

Approved, February 24,I860.

No. 497.] AN ACT

For the relief of the securities of C. S. Collins, deceased,
late Tax Collector of Choctaw county.

Whereas, Claiborn S. Collins, deceased, late tax collec¬
tor of Choctaw county for the year 1857, did sell certain
lands for the non-payment of the taxes assessed thereon
for said year, and bid in the same for the State, as tax col¬
lector aforesaid, the taxes and expenses thereon amounting
in all to the sum of one hundred and ninety-four dollars
and forty-seven cents; and whereas, by reason of the sick¬
ness of said Claiborn S. Collins, he was unable to make out
the certificate of purchase for said lands, but bad the same
done in his name, by his agent and successor B. F. Seale,
but not within time to obtain the necessary credit therefor,
on settlement of his account as such tax collector, with the
controller of public accounts, as contemplated and author¬
ized by law: Therefore,

Sec. 1 . Be it enacted by the Senate and Home of Represent¬
atives of the State of Alabama in General Assembly convened }
That the controller of public accounts, be, and he is hereby
authonzed and required to issue his warrant on the State
trea>urer, in favor of William P. Hall, the administrator
of the estate of the said C. S. Collins, deceased, for the
sum of one hundred and ninety-four dollars and forty-seven
cents, first deducting therefrom whatever amount may be
due from said Collins, as such tax collector, to the State
treasury: Provided , The said certificate of purchase, prop¬
erly made out, be delivered to the controller of public
accounts before obtaining his said warrant.

Approved, February 21,1860.

615

18 m~w.

No. 498.] AN ACT

For the relief of tbe creditors and distributees of Green

W. Cole, deceased.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That it shall be lawful for the general administrator of the
county of Montgomery, to take out letters of administra¬
tion upon the estate of Green W. Cole, late of Chambers
county, deceased, aod to proceed to administer upon and
settle said estate, as if the said Cole had died in Montgom¬
ery county instead of Chambers county, and tbe said ad¬
ministrator shall be subject to all the duties and liable to
all tbe penalties now provided by law : Provided[ The fees
charged on the settlement of the said estate, shall be those
named in the Code of Alabama.

Approved, February 1, 1.60.

No. 499.] AN ACT

For the relief of Alice G. Dugger and others of Marengo

County.

Sec. 1. Be it enacted Inj the Senate aod House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the probate court of Marengo county, be, and it is
hereby authorized and empowered, upon the petition of
Alice G. Dttgger, administratrix of tbe estate of Henry
Dugger, and proof that it would be to the interest Of the
distributees of said estate, to grant an order for the sale of
ten slaves of said estate, at such time and on such terms as
said court may determine, and said administrator shall
account for the proceeds as for the other assets of the
estate.

Sec. 2. Be it further enacted ^, That on such application,
the distributees and all parties interested in said estate must
be made parties, and properly brought before the court
Approved, February 24,1869.

1859-’60.

616

No. 500.] AN ACT

To authorize William C. Davis, administrator of the estate
ol Ihomas C. Davis, deceased, to sell certain lands
therein named.

Sec. 1. Be it enacted by the Senate and Bouse of Represent¬
atives oj the State of Alabama in General Assembly, convened\
Judge of probate. That it shall be lawful for the judge of probate of the
county of St. Clair, to take full jurisdiction of all the real
estate of Thomas C. Davis, deceased, late of the county of
St. Clair.

Administrator. Sec. 2. Be it further enacted, That said judge of probate is
hereby authorized, to grant an order of sale of said real
estate to William C. Davis, administrator of said estate,
requiring him to sell the same on such credit and either at
public or private sale, at such time and place in the county
of Shelby or St. Clair, as shall upon proof be deemed most
beneficial for all parties interested in said estate.

Sec. 3. Be it further enacted , That all the provisions of
chapter eight of the Code of Alabama, upon the subject of
the sale of lands for distribution, shall be complied with by
said administrator and administratrix,except as hereinbefore
provided.

Approved, February 21,1860.

No. 501.] AN ACT

To authorize Eobert Dougherty, Trustee to sell a portion
of the trust estate, aud to invest the funds of such sale.

Trustee.

Bills of sale.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Eobert Dougherty, of the county of Macon, the trus¬
tee of Mrs. Mary Ann M. Cocke, be, and he is hereby
authorized to sell, either at public or at private sale, as he
may deem most beneficial to all the parties interested, a
part of the slaves, constituting the sole and separate estate
for life of his said cestui que trust , and held subject to the
trusts and limitations of the last will and testament of her
deceased father, John Howard, and to execute to the pur¬
chasers thereof, bills of sale, which bills of sale shall be
good and valid in law and in equity to vest in said pur¬
chasers the entire and absolute title to the slaves so sold :

617

1859^60.

Provided , That said trustee shall not sell more of the said
slaves than may be sufficient to raise a sum not exceeding
fifteen thousand dollars; And, provided further , That be-
fore any sale is made by him, he shall procure the written provided,
assent thereto of each and every adult person who is inter¬
ested in the said trust estate, except that of his said cestui
que tr ust , and of Louisa H. Cocke, the assent of both of whom
has already been given by petitioning for the passage of
this act.

Sec. 2. Be it further enacted, That the said trustee shall,
and it is hereby made his duty to invest the proceeds of
said sale in the purchase of lands suitable for planting; and Inrest procced8,
to take the title to said lands subject to all and singular the
trusts and limitations to which said slaves are subjected by
the said last will and testament of the said John Howard,
deceased.

Approved, January 11, 1860.

No. 502.] AN ACT

For the relief of Adelia Eckols, of Dale County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That Adelia Eckols, of the county of Dale, be, and she is
hereby relieved from the disabilities and penalties imposed
by law on all persons against whom a divorce may be
granted.

Approved, February 24, 1860.

No. 603.] AN ACT

For the benefit of the legatees of James Eddins, deceased,

of Pickens County.

Sec, 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
That it may be lawful for the chancery court for, the 20th
district middle division, composed of the county of Pickens,
or for the court of probate for said county, on proof tb^fc it
is for the interest of said estate or of the parties interested
therein, to grant an order to the executor of James Eddins,

1859-60.

618

Ferry.

Bond.

deceased, late of said county, to sell the personal property
of said decedent for the purpose of re investment, or to
divide the property of said decedent among the legatees
of said decedent as nearly as may be in accordance with
his will, under such conditions aud restrictions as the court
granting the order shall impose, having regard to the pro¬
tection of the rights and interest of the minor legatees of
said decedent

Approved, January 21, 1860.

No. 504.] AN ACT

To authorize Wm. Taylor, F. M. Gilmer, Jr., and William
Fowler, and others to establish a ferry across the Ala¬
bama river at Montgomery.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That Wm. Taylor, F. M. Gilmer, Jr., Wm. Fowler, and
their associates be, and they are hereby authorized to estab¬
lish a public ferry across the Alabama river, at the city of
Montgomery, upon the lands of Wm. Taylor and company,
and such other lands as they may obtain, and they and
their heirs and assignees are hereby authorized to charge
such toll for crossing at said ferry as may from time to time
be prescribed by the court of commissioners of Montgomery
county.

Sec. 2. Be it further enacted , That Wm. Taylor, F. M.
Gilmer, Jr., and Win. Fowler, their heirs and assigns, shall
give bond and good security, payable to the county of
Montgomery, to be approved by the judge of probate of
said county, with the same conditions as are now required
of other keepers of publi i ferries in this State, which bond
shall be renewed every ten years, unless otherwise required
by the judge of probate for the want of sufficient security;
any law to the contrary notwithstanding: Provided That
this act shall not be so construed as to prevent the charter
or license of other ferries at or near the said city of Mont¬
gomery.

Approved, February 23,1860.

619

1859-m

No. 505.] AN ACT

To authorize the Court of County Commissioners of Bar¬
bour County to refund a certaiu sum of money to Abner
C. Flewellen.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the court of county commissioners of Barbour county,
be, and they are hereby authorized to refund to Abner
C. Flewellen the sum ot one hundred and twenty-two 50-
100 dollars, being one-hajf of the value of certain mules,
the property of said Flewellen, received into the treasury
of said county, in accordance with the provisions of the
Code in relation to estrays: Provided, That the said corn-
no msioners court Shall be satisfied of the justice of said
claim.

Approved, February 21, 1860.

No. 606.] AN ACT

For the relief of the estate of the late Elmira Foster, of

Mobile County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Elmira Foster, of Mobile, widow of Hillary Foster,
be authorized to petition the chancery court of Mobile for
the sale of the late residence of her said husband Hillary
Foster, situated at Spring Hill, in the county of Mobile, and
if it shall be made to appear to the chancellor that as&le
thereof would be to the advantage of the children of said
Elmira, and that all the distributees and heirs at law, lega¬
tees and devisees, or such of them as may be proper parties
to the proceeding, have been properly brought before
the court, he, the chancellor, shall order a sale of the same,
that shall pass the fee simple title to the purchaser.

Sec. 2. Be it further enacted , That if a sale be so ordered
by the chancellor, it shall be his duty to order and decree,
that the purchase money be secured to her for life* and
after her death to the heirs of her body, in the same man¬
ner that said residence is devised by the will of said
Foster.

Approved, February 14,1860.

1859-60.

620

No. 507.] AN ACT

For the relief of the legatees of Marcus A. Flournoy,

deceased.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened\
That upon the petition of any of the legatees of Marcus A.
Flournoy, late of Chambers county, deceased, made to the
probate court of said county, setting forth the necessity of
a sale or distribution of all or any portion of the estate of
said Flournoy, and that it would be for the interest of all
parties entitled to Share in said estate, to have the same
sold and the proceed re-invested or distributed, or to have
the property distributed, all parties in interest being made
parties to said petition, either as plaintiffs or defendants,
and having due notice thereof, said probate judge shall be,
and he is hereby invested with all the jurisdiction which a
chancery court could exercise on a bill regularly filed in
such chancery court to accomplish the objects prayed for
by such petition.

Approved, February 21, 1860.

No. 508.] AN ACT

For the relief of Isaac Franks and Tyrece Franks, of
Marion County, Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Isaac Franks and Tyrece Franks, be, and are hereby
made exempt from any penalties of the law for a violation
of sections 1942 and 3234 of the Code of Alabama, and
that the marriage of the persons above mentioned is hereby
legalized.

Approved, February 21, 1860.

021

1869~m

No. 509.] AN ACT

To make Hannah Ferguson, of Winston County a free
dealer as to property hereafter to be acquired by her.

Sec. 1. lie it enacted by the Senate and House af Represent¬
atives of the State of Alabama in General Assembly convened.

That from and after the passage of this act, it shall be
lawful for Hannah Ferguson, of Winston county, to take
and hold by purchase, gift or inheritance, any property,
real, personal or mixed, which she may hereafter acquire
from any other person than her husband, free from all
control or liability on account of or by her said husband,

&nd the same to dispose of by will or deed: Provided, she
be not authorized to contract with her husband, either by
the intervention of trustee or otherwise; And, provided,
further, That this act shall not effect the rights of existing
creditors.

Approved, February 27, 1860.

No. 510 ] AN ACT

For the relief of Malcey, daughter of James L. C. Floyd, of

Pike County.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in Genercd Assembly convened,
That Malcey, daughter of James L. C. Floyd, of the town
of Troy, county of Pike, and State of Alabama, who mar¬
ried one-Jones, many years since, be, she and is hereby

relieved from the pains and ; penalties of polygamy in the
event that she should contract another marriage alliance,
so far as her existing marital relations are concerned.
Approved, February 28, 1860.

1859-’60.

622

No. 511.] AN ACT

To enable David Gardner, Guardian of the minor heirs of
Matthew T. Chunn, deceased, to remove the guardian¬
ship of said heirs from the County of Morgan to the
County of Madison.

Sec. 1 . Be it enacted by the Senate and House of Represent •
atives of the State of Alabama in General Assembly , converted,
That the guardianship of the minor heirs of Matthew T
Chunn, deceased, shall immediately upon the passage o.
this act, be transferred from the probate court of Morgan
county to the probate court of Madison county, and that
the la?ter court shall take and have as perfect jurisdiction
of all the matters connected with said guardianship as the

S 'ooate court of Morgan county originally bad, and that
avid Gardner, guardian of said minors, be required to
deposit in said probate court of Madison a properly authen¬
ticated, full and complete transcript of all orders, decrees,
accounts and settlements heretofore made or had in the
probate court of Morgan in reference to said guardianship,
or the estate of said minor heirs, and to execute a new
bond as such guardian, under the order and direction of
the the said court of Madison, in such manner and form
as he would have been compelled to do if said court of
Madison had had jurisdiction originally of the matters of
this guardianship.

Sec. 2. Be it further enacted , That all laws and parts
of laws conflicting with the provisions of this act, be, and
the same are hereby repealed.

Approved, January 80, 1800.

No. 512.] AN ACT

For the relief of William Gilmer, of Cherokee County.

Sec. 1. Be it enacted by the Senate and House of Represent •
atives of the State of Alabama in General Assembly convened,
That sixty dollars be paid out of any money in the treasury
not otherwise appropriated to William Gilmer, of Cherokee
county, for services rendered in guarding Ruth Mason,
charged with infanticide, who was by legal authority com¬
mitted to his charge for that purpose.

Approved, February 24, I860.

023

1859-60.

No, 513.] AN ACT

To compensate James Guild and others for arresting Wil¬
liam Kirby, a fugitive from justice.

Sec. 1. Be it enacted by the Senate and House of Represent -
ativcs of the State of Alaljama in General Assembly } conceived^
That the sum of four hundred dollars is hereby appropria¬
ted to compensate James Guild, Joseph King, Green Car¬
ver, Thomas J. Bennett, Samuel B. King, Wm. Burgess, J.
D. Sanders, jr., and others, constituting the company lor
pursuing and arresting William Kirby, who killed bis
father and brother in Pickens county, in the spring of
1859, and that the Controller issue his warrant for the
same, to be paid out of any money in the treasury not
otherwise appropriated, and ihat Alexander B. Clitherall, of
Pickens, be authorized to receipt to the Controller ior said
warrant.

Approved, February 22, 1860.

No. 514.] AN ACT

To enable Lucy Green, of Coosa county, and Cora, of Cham¬
bers county, free women of color, to become slaves, and
to repeal the oth section of an act, approved February
10th, 1860.

Sec, 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ',
That Lucy Green, of Coosa county, may become the. slave
of Daniel Crawford, of Coosa county, by filing in person,
her application in writing in the probate court of said county
stating that she is a free woman of color and her age, and
that she of her own free will and accord, without fear or
undue influence, desires to become the slave of said Craw¬
ford, and that he is a resident citizen of the county of Coosa,
and that be is a suitable person to become the master of the
said applicant; therefere, it shall, be the duty of the judge
to examine the applicant concerning her freedom of action
in the premises privately, and explain to her the effect
thereof; and if of opinion that she comprehends the effect
of the act, and that she is acting without fear or undue
influence, be shall make an order appointing a day, not less
than ten nor more than twenty days, and shall give the

Lucy Green.

1859-’60;

624

Guardian,

Application.

Judge and sh’ff.

Appeal.

Prorided.

Cora.

other party at least ten days notice, and shall issue all sub*
pcenas for witnesses ; which notices and subpoenas, shall be
served by tbe sheriff of the county, and if the applicant is
under the age of twenty-one years, the court shall appoint
a suitable person to act as guardian ad litem for her. On
the day set for the hearing, if the parties are ready, the
court shall proceed to hear the application, provided the
consent in writing to become the master of said slave has
been filed ; if it has not been filed, tbe application shall be
dismissed, and tbe court shall hear all legal evidence in
relation to the allegations of said application, on the trial of
said cause, which may be offered by either party, and if of
opinion the allegations of said application are proven, and
that tbe person therein named is a fit person to become the
master of said slave, and that said applicant is still desirous
of becoming tbe slave of the other party, the court shall
enter a decree on the minutes to that effect, and thereupon
the relation of master and slave shall exist between said
parties as provided by the laws of this State, except that
such slave shall not be liable to levy and sale under any
legal process whatever for the debts, contracts or liabilities
of the person whose slave she becomes, and the judge and
sheriff and witnesses shall receive suqh compensation for
their services under this act as are now allowed by law for
similar services.

Sec. 2. Be it further enacted , That if either party desires
to appeal to the circuit court of tbe county, it may be done
within thirty days by giving bond and security, payable to
the opposite party in double the value of the applicant, (if
she were a slave) conditioned to pay all costs and damages
which the appelee may sustain if the appeal is not sucessful
in the circuit court, and to abide by and perform the judg¬
ment of the circuit court. Said appeal shall be tried de novo
in the circuit court according to the provisions of tbe first
section of this act. While said appeal is pending, the custody
of said applicant must be with her security or securites, if
it is taken by her, and while the application is pending in
the probate court or in the circuit court on the appeal of
the person named by the applicant, it is the duty of the
probate court, to see that said person of color is left free to
act as she pleases under the laws of the State: Provided,
application is made by any one to said court for that pur¬
pose.

Sec. 3. Be it further enacted, That tbe fifth section of
an act approved February 10th, 1860, to enable Cora, a free
person of color, in Chambers county, to become the slave

625

1859-’6G.

of Elizabeth C. Witfcerof siad county, is hereby repealed,
and the said Cora is hereby empowered to proceed under
the provisions of this act in the probate court of Chambers
county to become the slave of Elizabeth C. Witter of said
county.

Approved, February 24, 1860.

No. 515.] AN ACT

. For the relief of John P. Gates, Tax Collector of Pickens

County.

Sec. 1. Be it enacted by the Senate and House of Represent !-
atives of the State of Alabama in Qeneral Assembly convened y
That the sum of fourteen dollars and fifteen cents, be, and
the same is hereby appropriated, to reimburse John P. Gates,
tax collector of Pickens county, for lands sold for the non¬
payment of taxes assessed thereon for the year 1857, and
bid in by him for the State, the certificates of purchase
therefor, not having been returned to the controller’s office
in time to enable him to obtain the proper credit on Settle¬
ment made for the taxes of said year, and that the controller
of public accounts issue his warrant on the State treasury
for the same: Pivvided, The said certificates of purchase for
said lands, be first deposited in the controllers office prop¬
erly made out.

Approved, December 17, 1859.

No. 516.] AN ACT

To enable M. M. George to remove her infant ward, A.
EUerbee English, beyond the limits of this State.

Sec. 1 . j Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convenep »,
That Mrs. Matilda M. George,, of Dallas county, be, and
she is hereby authorized and empowered to remove her
infaot ward, A. BUerbee English to the State of Texas.

Sec. 2. Be it further enacted. That before the removal
of her said ward, the said guardian is required to enter into
bond with one or more securities, to be approved by the
40

EmmL

1859-60.

626

probate judge of Dallas county, and in such sura as he may
require, conditioned to be forfeited, unless she shall within
six months after her removal of said ward, procure letters
Certificate of o 1 guardianship, to be granted by the proper tribunal, accor-
!etiers. ding to the laws of the State of Texas. A certificate of
the granting of said letters, authenticated by the judge or
other officer of the court granting the same, must be taken
as proof of the performance of the said condition, and en¬
title the surety or surties to have the bond cancelled.

Sec. 8. Be it further enacted , That the guardian of the
person of said ward, is authorized to pay and defray all

Defray expenses. ex P enses sa ^ warc *, the allowance to the guardian
of the amounts so paid, by the tribunal having jurisdiction
in the State of Texas, shall authorise the guardian of the
estate of said ward to refund said amounts, and he is hereby
required to pay over the same to the said guardian of the
person of said ward, or any future guardian of the person
of the said ward, upon the certificate of such allowance
having been made, authenticated bv the judge or other offi¬
cer'of the tribunal making the same. Arid the guardian
of the estate of said ward is authorized to furnish to the
guardian of the person of said ward, a servant to use and
attend upon said ward.

Approved, February 15, 1860.

No. 517.] AN ACT

To compensate E. C. Green.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the sum of five hundred dollars, be, and the
same is hereby appropriated, to compensate £. C. Green,
for making and completing indexes to the original manu¬
script acts of the several General Assemblies heretofore
held, as required by the act of 25th January, 1858, “ to
provide for binding the manuscript acts of the legislature,”
su.d that the controller of public accounts issue bis warrant
therefor on the State treasury, to be paid out of any moneys
in the treasury not otherwise appropriated.

Approved, December 17, 1859.

627

1859V60.

No. 518,] AN ACT

To authorize William E. Gilbert and his associates to build
a dam across the Tallapoosa river in Randolph county
for manufacturing purposes.

Sec. 1. Be it enacted by the Senate and Souse of Represent¬
atives of the State of Alabama in General Assembly convened,
That William E. Gilbert and his associates be, and they are
hereby authorized to build a dam two-thirds of the way
across the Tallapoosa river in Randolph county at or near
Walker’s ford on said river, in township 22, range 10, east,
for manufacturing purposes : Provided, said dam shall not
back the water so as to interfere with the ford immediately
above the place now contemplated for such manufacturing
purposes: And, provided farther, That the back water shall
not, from the dam aforesaid, overflow the farm or farms of
any persons whatsoever.

Approved, February 23, 1860.

No. 519.] AN ACT

To authorize the Governor to issue a patent in a certain

case.;

Seo. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That the Governor of this State be, and he is hereby au¬
thorized to issue a patent to Andrew J. Wilson for lot No.
eight of section 16, township 12, of range 27: Ihrovided,
That it shall be fir.-t made to appear to the satisfaction of
the Governor that the purchase money for said lot has been
fully paid.

Approved, February 24, 1860.

628

No. 520.] AN ACT

To authorize William E. Gilbert and his associates to erect
a Toll Bridge across Tallapoosa river.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That William E. Gilbert and his associates be, and they are
hereby authorized to erect a toll bridge over Tallapoosa
river at or near Walker’s ford on land belonging to the said
Gilbert and his associates, in section 12, of township 22, of
range 10, in the county of Randolph : Provided r , That the
bridge shall be so constructed as not to obstruct the free
passage of the ford as aforesaid, and the said William E.
Gilbert shall be and is hereby authorized to charge the fol¬
lowing rates of toll for said bridge, to wit: For a wagon
with four or more horses, fifty cents; for a wagon or cart
with one or two horses, twenty-five cents; for pleasure car¬
riages, twenty-five cents; for man and horse, ten cents; for
a single person, five cents; for every sim.de horse, five
cents; for every head of cattle, sheep or hogs, three cents.

Sec. 2. And he it further enacted , That it shall be the
duty of the said William E. Gilbert and his associates and
their heirs and assigns, and they are hereby render d ba-
ble to make good all damages that any person may sustain,
either in person or property from his or their failing so to
keep said bridge in repair.

Approved, February 24, 1860.

No. 521.] AN ACT

For the relief of F. Glackmeyer.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the Controller of Public Accounts be authorized and
required to draw hns warrant on the treasurer for the sum
of seventeen dollars in favor of F. Glackmeyer for the hire
of b*»y during the present session of the General Assembly.

Approved, February 24, 1860.

629

1859 - 60 .

No. 522.]

AN ACT

For the relief of the heirs at law of William Ilawn,
deceased, late of Tuscaloosa county.

Whereas it is shown by a late biennial report of the
commissioner an I trustee to settle the affairs ot the State
Bank and Branches, that at the time the assets of the State
Bank were turned over by him to the attorneys^for said
Bank there was found in the vault of said bank a package
containing one thousand dollars, endorsed on the back
“William Ilawn special deposit;” and, whereas , it appears
that there was no error in the accounts of the said William

Preamble.

Hawn, and that he fully accounted for all the moneys that
came to his hands as treasurer of the State ; and, whereas ,
the said sum of money was deposited by the commissioner
and trustee in the State treasury, and still remains in the
treasury unappropriated and undisposed of; and, whereas }
the said William Ilawn has since departed this life, leaving
as his heirs John Hawn and William Hawn, who are of
lawful age, and Maria Hawn and Mary P. Hawn who are
minors, therefore

Sec. 1. Be it enacted hy the Senate and House of Represent¬
atives of the State of AUlbanui in General Assembly, convened ,
That the treasurer of the State of Alabama be, and he is
hereby authoriz d and required to pay over and deliver to
the said John Ilawn, William Hawn, and to the legal guar-tui™.
dians of the said Maria Hawn and Mary P. Hawn the said
sum ot one thousand dollars in equal shares, that is one-
fourth of* said sum to each, and their several receipts shall
be a good and sufficient voucher for the said treasurer.

Approved, February 1, loGO.

No. 523.] AN ACT

For the relief of E. C. Howie, of Sumter county.

Sec. 1 . Be it enacted hy the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the sum of thirty-two dollars be hereby appropriated
to pay Robert C. Howie, commissioner of the State of Ala¬
bama, appointed by the Governor to receive from the sheriff
of Lauderdale county, Mississippi, Robert J. Allison, charged

1859 - 60 .

680

with an assault with intent to murder, and the Controller is
required to draw an order on the State treasurer for said
amount, in favor of said Howie.

Approved, February 28, 1860.

No. 524.] AN ACT

To compensate E. M. Hasting, A. G. Hallmark, William H.

Benson and Jacob Myers, for services rendered the State

of Alabama.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly , convened ,
That the Controller of Public Accounts be, and he is hereby
authorized and required to draw his warrant on the treasu¬
rer for the sum of three hundred dollars, in favor of E. M.
Hasting, A. G. Hallmark and William H. Benson, for ser¬
vices rendered in making an inventory of State property,
to be paid out of any money in the treasury not otherwise
appropriated.

Sec. 2. Be it further enacted , That the Controller of Pub¬
lic Accounts be authorized and required to draw his war¬
rant on the treasury for the sum of fifty dollars in favor of
Jacob Myers, for services rendered the State in arresting
and taking to prison George W. Cook, to be paid out of
any money in the treasury not otherwise appropriated.

Approved, February 21, 1860.

No. 525.] AN ACT

To compensate Seth Mabry, I. C. Hailey and Aaron Wil-
'# lis for money expended by them in arresting a fugitive

from justice.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the Controller of Public Accounts be, and he is here¬
by authorized to draw his warrant on the treasurer as fol¬
lows: In favor of Seth Mabry for the sum of two hundred
and eighty-eight dollars and thirty-five cents; in favor of
J. C. Hailey for the sum of one hundred and fifty-six dol¬
lars and fifty cents, and in favor of Aaron Willis for the

631

1859-m

sum of forty-three dollars and twenty-five cents, for money
expended by them in arresting Obed Lee a fugitive from
justice.

Approved, February 23, 1860.

No. 526] AN ACT

For the relief of Daniel K. Hunter, Tax Collector of

Madison county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
ativea of he State of Alabama in General Assembly , convened ,
That the Controller of Public Accounts be, and he is here¬
by authorized and required to draw his warrant on the
State Treasurer in favor of Daniel K. Hunter, Tax Collec¬
tor of Madison county, for the sum of three hundred and
fifty dollars and sixty-four cents for money improperly paid
by him into the State Treasury, to be paid out of any
money in the treasury not otherwise appropriated.

Approved, February 21, 1860.

No. 527.] AN ACT

To compensate Barwell Haddox and Madison Haddox for
services rendered the State.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened^
That the Controller of Public Accounts be, and he is here¬
by authorized and required to draw his warrant on the
State Treasurer for the sum of one hundred dollars in favor
of Barwell Haddox and Madison Haddox, for services ren¬
dered the State in arrestingtwo escaped felons, said suM to
be paid out of any money in the treasury not otherwise
appropriated.

Approved, January 23, 1860.

1859-60.

682

No. 528.] AN ACT

To compensate Harris Iloyt and Barrett & Wimbish.

Sec. 1. Be it enacted by the Senate and House of Represent-
atiu'S of the State of Alabama in General Assembly, convened
That the Controller of Public Accounts be, and he is here¬
by required to draw his warrant on the treasurer in favor
of Harris & Hoyt for seventy dollars, to compensate them
for repairing clock on the State House and in the House of
Representatives, and for furnishing a clock for the Senate
Chamber.

Sec. 2. Be it further enacted , That the Controller of Pub¬
lic Accounts be, and he is hereby authorized and required
to draw his warrant on the State treasurer for the sum of
twenty-nine dollars and thirty cents in favor of Barrett &
Wimbish, to be paid out of any money in the treasury not
otherwise appropriated.

Approved, February 24, 1860.

No. 529.] AN ACT

To allow Bolling Hall to establish a gate across a public

road.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of A labama in General Assembly convened ,
That Bolling Hall be, and he is hereby authorized to erect
a gate across the public road leading from the ferry at the
city of Montgomery in the direction of Robinson Springs
at the lower part of his plantation : Provided , That he shall
always keep the said gate in good repair and so constructed
that it can be conveniently opened and closed by persons
on horseback or on foot: And, provided also, That if he
shall fail to comply with the foregoing provisions for any
unreasonable length of time, the Commissioners’ Court of
Autauga county may declare his right forfeited on giving
him ten days previous notice.

Approved, February 25, 1860.

633

1859-60.

No. 530.] AN ACT

For the relief of Thomas M. Hill, and others, of Sumter

County.

Whereas the chancery court of Green county now has
jurisdiction of the settlement of a trust estate, created by
the will of Thomas M. Hill’s father, for the benefit of said
Hill, his wife and children : And , whereas , Ben B. Little is
trustee of said estate, by appointment of said court; and ,
whereas , a suit is now pending in said court on behalf of Appointment of
said II 1 11 and wife and child, for the appointment of a trustee ^tee.
of another trust estate, created by the will of said Thomas
M. Hill’s mother ior the benefit of himself, his wife and
children; and, whereas , all the beneficiaries of said trust es-
t ifces, as well as the said trustee, reside in Sumter county;
and , whereas , it is for the interest and convenience, of said
beneficiar es that the settlement of said trust estates should
be transferred from the said chancery court of Green county
to the chancery court of said Sumter county; therefore,

Sec. I. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened\

That the settlement of said trust estate undvr the will of
said Thomas M. Hill’s father of which the said Ben B. Lit¬
tle is trust* e, be removed and transferred from the said
chancery court of Green county, to the chancery court of said
Sumter county, and 10 this end that all tfie original papers
on file in relation to said trust estate, and copies of alf or¬
ders, reports and decrees in relation thereto be transmitted
by the register of the said chancery court of Greene county
to the register of the chancery court of said Sumter county,
to be docketed and filed in said last mentioned court by
the register thereof.

Sec. 2. Be it farther enacted , That any cost now due, and
the fees for said copies, and all other expenses of the trans¬
fer of said cause, shall be paid by said Benj. B. Little, out
of the trust estate in his hands, on demand of the register
of said chancery court of Green county.

Sec. 3. Be it further enacted. That when said papers an d Trustee , s
copies shall be filed, and the cause docketed in said chan * decrees,
eery court of said county, that court shall have as full
and complete jurisdiction of said trust estate, and of the
parties interested therein, and of said trustee, and shall
have as full power to make all orders and decrees, in rela¬
tion to them, as if the proceedings in relation to said trust

1859-GO.

634

Transferred from
chancery court.

Fees.

Orders and
decrees.

Provided,

estate bad been commenced and continued therein, or as
could be made by the chancery court of Green if the cause
had not been removed, and the rights and liabilities of all
the parties concerned shall be the same.

Sec. 4. Be it farther enacted , That the said suit for the
appointment of a trustee of the trust estate created for the
benefit of said Hill, his wife and children, under the will
of his mother, be transferred from the said chancery court
of Green county to the said chancery court of Sumter
county ; and to this end, that all the original papers relat¬
ing thereto, and copies of all orders, reports and decrees, in
said suit be transmitted by the register of said chancery

court of Green county, to the register of said chancery

court of Sumter county, to be docketed and filed in said
last mentioned court, by the register thereof.

Sec. 5. And be it further enacted , That all costs now
due in said suit, and the fees for said copies, and all other
expenses of the transfer of said cause, be taxed in the bill

of costs by the register of said chancery court of Green

county and paid by the trustee who shall be appointed in
said suit, out of the trust estate that shall come to his bands
or by the complainants in said suit.

Sec. 6. And be it further enacted , That when said suit
shall be docketed in the chancery court of Sumter county,
as herein provided, the said court shall have as full and
complete jurisdiction thereof and of all the parties thereto,
and of all the matters embraced therein, and as full power
to make all orders and decrees in relation to them, as if
said suit had been begun in said court, and said court bad
had jurisdiction thereof.

Sec. 7. And be it further enacted , That all laws and
parts of laws coming in conflict with the provisions of this
act, be, and the same are hereby repealed: Provided ,
tuat before this act shall take effect, the assent of the said
Mill and wife, and of the securities of the said Little on
his bond as trustee to its provisions, shall be filed in writing
in the offices of the registers in chancery for the counties of
Sumter and Green.

Approved, February 9, 1860.

685

1859-’60.

No. 631.] AN ACT

For the relief of Samuel S. Harris, of the county of

Autauga.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That Samuel S. Harris of the county of Autauga and State
aforesaid, may be licensed by the Supreme Court, to prac¬
tice law in all the courts of the State, if on examination
before said court, he shall be found qualified, notwithstand¬
ing his non age: Provided , however, That he shall not be
permitted to plead non-age on account of any of his acts as
an attorney or solicitor.

Approved, January 25, 1860.

No. 532.] AN ACT

To compensate William Houston of the county of Frank¬
lin for services rendered the State.

Sec. 1 . Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly , convened,
That the sum of one hundred and twenty-five dollars be
paid to William Houston, late constable of the county of
Franklin, out of any money in the treasury not otherwise
appropriated for apprehending and carrying to the jail of
Franklin county the following named persons: J. W. Har¬
ris, indicted for the murder of J. H. Blanton; J. L. Wil*
coxen, indicted for the murder of J. B. Hart of said county;
and William T. Cochran indicted for grand larceny.

Sec. 2. Be it further enacted, That the Controller of
Public Accounts be, and he is hereby required to issue his
warrant on the treasurer in favor of the said William Hous¬
ton for the sum of one hundred and twenty-five dollars in
satisfaction of said services rendered the State.

Approved, February 23, 1860. *

1859-60.

686

No. 588.] AN ACT

For the relief of Mary A. Hammock.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General Assembly convened ,
That Mary A. Hammock be, and she is hereby authorized
to sell ami dispose of certain slaves and their increase con¬
veyed to her by Mary A. Owens by deed of gilt, dated the
the 20th day of December, 1856, and to ratify, validate and
confirm any^ sale which she may heretofore have made of
said slaves or any portion of the same, the proceeds of said
slaves to be held by her subject to the same limitations
which attach to said slaves under said deed.

Approved, February 9, i860.

No. 534.] AN ACT

To amend the Law in relation to the sale of lands belong¬
ing to the estate of deceased persons in certain cases.

Sec. 1 . Be enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That hereafter it shall be lawful for the executors and ad¬
ministrators of deceased persons when the lands belonging
to the estate of such persons shall lie in one body but in
more than one county to sell all the same in either county
in which any portion of such lands may be: Provided , That
any r such sale shall be pursuant to and be first authorized
by a decree of the Probate Court of the proper county.
Approved, November 29, 1860.

No. 535.] AN ACT

For the relief of the Tax Collector of Henry county.

Sec. L Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened\
That the tax collector of Henry county be, and he is here¬
by' allowed until the first day of May next (1860) to make
complete payment of the State and county tax of Henry
county for the year 1859.

637

1859-'60.

Sec. 2. And he it further enacted , That said tax collector
m;i)' levy upon and sell property for payment of taxes at
any time or times before t jo first day of May next, and all
such sales shall b * as valid as if made between the first of
December and the first of March, as now required by law.

Sec. 3. And he it further enacted , That before said tax
collector shall be entitled to any of the provisions of this
act, he shall first file the assent of the sureties on his offi¬
cial b mi both with the Controller of the State and the
Judge of Probate Court of Henry county, with their agree¬
ment that the extension hereby granted shall in no wise
discharge them from any liability upon his said bond.
Approved, February 10, I860.

No. 536.] AN ACT

To authorize the removal of the estate of Dennis Hodges,
deceased, from the county of Butler to the State of
Louisiana.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives oj the iState of Alabama in General Assembly c nvened ,

That from and after the passage of this act, Lidia Verne}], Kemoreeaute.
administratrix, with the will annexed of the estate of
Dennis Hodges, deceased, shall be authorized to remove the
estate of Dennis Hodges, deceased,to the State of Louisiana :

Provided, however , That the securities on the administra¬
tion bond of the said Lidia Verne!!, shall file their consent
in writing in the office of the judge of probate for said
county of Butler, prior to such removal.

Sec, 2. Be it further enacted , That whenever the said
Lidia Vernell, administratrix as aforesaid, shall produce
a transcript from the records of a court of competent juris¬
diction in the State of Louisiana, certified according to the
act of Congress, showing to the probate court of Butler
county, that she has been appointed administratrix, with
the will annexed of the estate of said Dennis Hodges, de¬
ceased, in said State of Louisiana, and has been duly quali¬
fied as such, according to the laws thereof, and given bond Bond,
with sufficient security for the perlorrnance of her trust as
such administratrix, the said judge of probate shall make
an order releasing the securities on the administration bond
now on file in the probate court of the county of Butler,
from any further liability on said bond.

1859-60.

688

Sec. 8. Be it further enacted , That all laws or parts of
laws contravening the provisions of this act, be, and the
same are hereby repealed.

Approved, February 25, 1860.

No. 587.] AN ACT

For the relief of Charles Hobbs, of Talladega county.

Sec. 1. Be it enacted by the Senate and House of Represent -
alives of the State of Alabama in General Assembly , convened ,
That ihe Controller of Public Accounts, be, and he is
hereby directed to draw his warrant on the treasurer for
the sum of one hundred dollars in favor of Charles Hobbs,
of Talladega county, for arresting and committing Daniel
Medlow, for the crime of horse stealing.

Approved, February 22, 1860.

No. 588.] AN ACT

For the relief of Aaron H. Harlan and Joseph H.

Johnson.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the Governor be, and he is hereby authorized and
required to draw his warrant on the treasurer for one hun¬
dred and forty dollars in favor of Aaron H. Harlan, a mute
student in the deaf and dumb school for the year 1859, for
the payment of said Harlan’s board and tuition in said
school.

Skc. 2. Be it further enacted, That the Governor draw
his warrant on the treasurer for the sum of one hundred
dollars and seventy-five cents in favor of Joseph H. Johm
son, expenses incurred by him in bringing a class of mutes
from Talladega to the present seat of the General Assem¬
bly, the foregoing amounts to be paid out of any money in
the treavsqry not otherwise appropriated.

Approved, February 21, 1860.

639

1869-60.

No. 639. AN ACT

To Authorize the Execution of a Deed to certain land to
11. S. Heflin, bj the Governor of tnis State.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in (General Assembly , convened ,
That whenever Robert S. Heflin, of the County of Ran¬
dolph, pays to the Superintendent of Education the pur¬
chase money for fractional north-west quarter of section
16, township 20, range 10, in said county, containing one
hundred and nine 45-100 acres, it shall be the duty of the
Governor of this State, upon receiving from said Superintend¬
ent a certificate of the fact of such payment, to execute to
said Robert S. Heflin, a deed to said tract of land, releasing
all the right, title and interest of the State of Alabama
thereto.

Approved, February 25, 1860.

No. 540. AN ACT

For the Relief of John Irwin.

Sec. 1. Be it enacted by the Senate and House of Represen •
tatives of the State of Alabama in Genei'al Assembly convened ,
That the Governor of the State be, and he is h* reby au¬
thorised, to issue to John Irwin patents for lots No. two,
three, four, five, six and seven of section 16, township 13,
and range 16, in Lowndes County, Alabama, aud the Ca-
haba Land District, upon satisfactory proof being made that
he has paid for the same, ami is the owner thereof.

Approved, February 21, 1860.

No. 541. AN ACT

For the Relief of John Jeter, of Montgomery County.

Sec. 1 . Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened ,
That the Governor of the State be, and he is hereby au¬
thorised, to issue a patent to John Jeter, of Montgomery
County, to lot No. five, containing seventy-nine 29-100

acres of land, of section sixteen, township eighteen, range
twenty, in Montgomery County, Alabama, upon satisfacto¬
ry proof being made that the said land has been paid for,
and that said Jeter is the owner of the same.

Approved, February 25, 1860.

No. 542. AN ACT

For the Relief of Sowell Jennings, late Tax Collector of

the County of Morgan.

Sec. 1. Be it enacted by the Senate and Hon.se of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the Controller of Public Accounts be, and he is
hereby authorized and required to draw his warrant on the
State Treasurer for the sum of ninety sex 7-100 dollars,
in favor of Sowell Jennings to be paid out of any moneys
in the Treasury not otherwise appropriated, which sum is
an allowance to said Jennings f>>r a removals, errors and
insolvencies'’ on his collect! m of taxes in said County of
Morgan, in the year 1856, and for which lie received no
credit on his settlement with the Controller.

Sec 2. Be it further enacted, That John D. Rather be,
and he is hereby authorised to draw said sum of money for
said Sowell Jennings.

Approved, February 21, 1860.

No. 543. AN ACT

For the Relief of Burrell Johnson, Tax Collector of Perry

County.

Sec. 1. Beit enacted by the Senate and House of Represent•
atives of the State of Alabama in General Assembly convened ,
That the Controller of Public Accounts be, and he is
hereby required to draw his warrant on the Treasurer for
the sum of five hundred and eleven 43-100 dollars, in fa¬
vor of Burrell Johnson, it being the amount collected by
said Controller, of said Johnson, for interest on the taxes
of Perry County, for the year 1857, there being no law re¬
quiring said Johnson to pay said interest.

Approved February 24, 1860.

641

1859-60,

No. 544. AN ACT

To Authorize W. W. Jemison, of Chambers County, to
Practice Medicine and charge for the same.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labarna in General Assembly convened\
That from and after the passage of this Act, tV. W. Jemi-
son, of the County of Chambers, be authorized to practice
medicine, and collect by law the usual rates for the same,
Provided , he be restricted in his practice and charges to.
Chambers County.

Approved February 24, 1860.

No. 545. AN ACT

For the Relief of M. J. Ledbetter, of the County of Frank¬
lin, and Green S. Cox, of the County of Barbour.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened^
That from and after the passage of this Act, section 977 of
the Code of Alabama, shall not apply to M. J. Ledbetter,
of the County of Franklin, and Green S. Cox, of Barbour
County. That McLin Shipp, of the County of Jackson,
be and he is hereby authorised to practice medicine and to
charge and collect the usual fees for his professional services:
Provided, , That this act shall only apply to him in the Coun¬
ty of Jackson; and Wm. Moore, of Tallapoosa County,
Alabama, the said Moore to be confined in his practice to
Tallapoosa County, Provided , however , the said Ledbetter be
confined in his practice or profession to the County of
Franklin.

Approved February 25, 1860.

To authorize the administratrix of Webb B, Kidd, to re¬
move the administration from the County of Macon to
the County of Shclbv.

Transcript of
proceedings.

Sec. 1. Be it enacted by the Senate and llouse of Represent¬
atives of the State of A labama in General Assembly , convened\
That the judge of probate court of Macon county, shall
make a complete transcript of all the acts and proceedings
of the record in the court of probate for said county, re*
speeting the administration of the estate of Webb B. Kidd,
deceased, and shall duly certify the same and deliver said
transcript, so certified to the administratrix of said estate.

Sec. 2. Be it further enacted , That whenever said tran¬
script shall be delivered to the judge of the probate court
of Shelby county, the said judge of probate of Shelby
county, shall have lull authority and is hereby required to
proceed with the business of said estate in all matters, as
if the administration thereof had been originally commenced

in said probate court.

Sec. 3. Be it farther enacted, That the judge of probate
Judge or Probate of Macon county shall cause all papers connected with said
estate, to be carefully sealed up and transmitted to the
judge of probate of Shelby county, to be filed in the of ice
of said judge.

Sec. 4 . Be it farther enacted , That from and after said
exemplification of the record shall be filed in the probate
court of Shelby county, the administration of said estate
shall be filed in the probate court of Shelby, as aforesaid,
bate courts. r °" the administration of said estate shall cease and determine

in said county of Macon: Provided , That all cost which is
due in the said county of Macon, or which may become
due in said county, must be paid before the case is removed,
including the cost for making out and transmitting said
transcript to Shelby' county : Provided , I hat the securities
of the said administratrix file their assent in writing to the
provisions of this act, in the probate court of Macon and
Shelby before tins act shall take effect.

Approved, November 28, 1859.

1859-60.

No. 517.] AN ACT

For the relief of Thomas Kellough.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened ,
That the Governor be, and is hereby authorized to issue
a patent to Thomas Kellough for the north-west quarter
of section sixteen (16,) township fifteen, range two (2) west
in the county of Choctaw: Provided , satisfactory proof is
mad 1 to the Governor, that said land is paid for and that
said Kellough is the legal owner of said land.

Aitkovkd, February 24, 1860.

No. 548.] AN ACT

For the relief of Foster M. Kirksey, executor of Robert

B. W. Kirksey.

Whereas, Robert B. W. Kirksey died in Marengo coun¬
ty, in this State, and whereas letters testamentary were
granted upon his last will by the probate court of Marengo
county, to Foster M. Kirksey, who resides in Greene coun¬
ty, iu this State, therefore,

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the Stale of Alabama in General Assembly, convened
That the administration and settlement of the estate of the
said Robert B. W, Kirksey, be transferred and removed
from the probate court of said Marengo county, to the
probate court of Greene county, and to this end, that the Jud of Prob * te
judue of the probate court of Marengo county, upon the Marengo,
application of the said Foster M. Kirksey, and the payment
of all fees due him from said executor, make out and certify
to the said probate court of Greene county, a full and corn-
complete transcript of the will of the said Robert B. W.

Kirksey, and of the executorial bond, and of all orders,
returns and decrees that have been made in relation to the
said estate as they appear among the files or on the records
of said probate court of Marengo county, which transcript
shall be paid for by the said Foster M. Kirksey.

Sec. 2. Be it further enacted, That upon the filing of
said transcript in the probate court of said Greene county,
and the filing of the written consent of the securities of
the said Foster M. Kirksey on his official bond as execu- Bond>

l859-’60.

044

tor in said court, the cause shall be docketed in the said
probate court of said Greene county, and the said court
shall become invested with as full and complete jurisdiction,
over the said estate, as if letters testamentary on the will
of said Robert 15. W Kirksey had been originally granted
by the said probate court, and the said probate court of
Greene county shall make all orders, settlements and de¬
crees, and issue all process, and execute all the provisions of
said will in the same manner and to the same extent and
efleet as if said court had had original jurisdiction of said
estate.

Approved, January 25. 1860.

No. 549.] AN ACT

For th$ relief of Wm. J. Kenedy.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives oj the State of Alabama in General Assembly convened ,
That hereafter when it becomes necessary for VVilliam J.
Kenedy, of the county of Mobile, to take the oath against
duelling required by section 110 of the Code of Alabama,
the said oath shall be confined to the fifteenth day of
April, 1858.

Approved, January 26, 1860.

No. 550.] AN ACT

For the relief of Cherry Keys.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That all right, title and interest which the State of Ala*
bama has derived by escheat in the south .half of lot No.
89, in the town of Athens, inLimesfcone county, is hereby
divested out of the State, and vested in William Richard¬
son of said town and county.

Approved, February 1, 1860.

045

1859-60.

No. 55L] AN ACT

For the relief of John Lamberth, the Tax Collector of Talla¬
poosa County.

Whereas, the said John Lamberth, as tax collector for
the county of Tallapoosa for the year 1858, by virtue of his
said office, did sell for the non-payment of taxes assessed
thereon, certain lands which were bid off for the State, and
which, for want of proper description of said lands by legal
subdivisions in the certificate of purchase given therefor,
were rejected by the Controller of Public Accounts, on
settlement of said Lambertlvs accounts therefore,

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened,
That the Controller of Public A ccounts be, and he is here¬
by authorized and required to draw his warrant ou the
State treasurer in favor of the said John Lamberth, for the
sum of forty-two and 55T00 dollars: Provided, the said
certificates of purchase are first delivered to the Controller
of Public accounts.

Approved, February 23, 1860.

No. 552.] AN ACT

To authorize John A. Lodor, of Dallas County to pay over
certain moneys in his hands as administrator, belonging
to unknown heirs or to the State.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , wnvened,
That John A. odor, of Dallas county, as the administra¬
tor of the estate of Duncan McArthur, deceased, late of said
county, be, and he is hereby authorized to pay the moneys John
in his hands as such administrator to the probate judge of
said county without being required to retain it the length of
time required by section 2067 of the Qfcde of Alabama:
Provided, That said probate judge shall dispose of said
moneys as incases provided for by section 2067 of the
Code, and on,failing to do so, shall be liable as a defaulter
under section 2070.

Sec. 2. Be it further enacted, That said judge of pro¬
bate, be, and he is hereby authorised to pay the amount
due on a judgment in favor of Bic&ard W. uayle against

. Lodor.

1859-’60.

646

Provided.

Duncan McArthur for seventy-seven 68-100 dollars
($77 68,) obtained at the Fall term of 1837 of the circuit
court for Dallas county, out of the fund so paid over by
said John A. Lodor to said probate judge, as provided for
by this act: Provided , however , That the party entitled to
receive the same shall make oath in writing that said
judgment is wholly unpaid: And provided, further, That
this act shall in no way interfere with the rights of any
person entitled to any portion of said estate as distributee
or otherwise, but only as a release of the claim of the
State to so much of said supposed escheated estate as may
be sufficient to pay said judgment.

Approved, January 20, 1860.

No. 553.] AN ACT

For the relief of E. B. Lott, Tax Collector of Mobile

County.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened,
That the Controller of public accounts be authorized to
draw his warrant on the treasurer of the State in favor of
E. B. Lott, tax collector of Mobile county, for the sum of
sixteen hundred and thirty-four 93-100 dollars (,$1634,93,)
to be paid out of any moneys in the treasury not othtrwise
appropriated, the same being the amount of sales of lands
sold by him on account of taxes for the ye ar 1858, in Mo¬
bile county, and bid in by him for the State; Provided ,
however, That said Lott shall first file in the Controller’s
office the certificates of the purchase of s'dd lands properly
made out.

Approved, December 17, 1859.

No. 554.] AN ACT

To compensate C. F. Lewis, Sheriff of Macon County for

services rendered.

Sec. 1 . Be it enacted % the • Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened }
That the Controller of public accounts be, and he is hereby

647

1859-m

authorized and required to draw his warrant on the State
treasurer for the sum of two hundred dollars in favor C.
F. Lewis, sheriff of Macon county, for arresting thirty-two
men charged with murder, and paying expenses of the same
to be paid out of any moneys in the treasury not otherwise
appropriated.

Approved, February 24, 1860.

No. 555.] AN ACT

For the relief of the estate of Gray Little.

Whereas , Gray Little died intestate in Sumter county,
and whereas Ben. B. Little and Wm. G. Little, jr., are ad¬
ministrators ol his estate by appointment of the .probate
court of said county; and whereas, the said estate has been
ordered by said probate court to be kept together for ten
years; and whereas, Wm. W. Little, one of the heirs and
distributees of said estate has -frived at the age of twenty-
one years, and has received from said administrators, his p,eamble '
distributive share of the personal poition of said estate and
is entitled to one-eighth part of the real estate ; and where¬
as, it would be for the interest of the other heirs of said
estate that his part of the real estate should be purchased
by the said administrators; and whereas, also, it would be
for the interest of said estate, that a portion of the slaves
belonging thereto, snould be sold and the proceeds of sale
invested by said administrators in the purchase of other
slaves, or in the purchase of the interest of said Wm. W. -
Little, in the real estate for the benefit of the other heirs
and distributees o* said estate.

Sec. 1. Be it therefore enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened. That the said administrators of the estate of the
said Gray Little, may petition the said probate court for
leave to sell any of f he slaves belonging to said estate as
provided in section 1744 of the Code of Alabama, and the
same proceedings shall be thereupon had, as are provided
for in said section, and in sections 1745, 1*746, 1747 and
1748 :{ and if the sale shall be ordered by the court the
court shall designate in its order the time, place and terms
of sale.

Sec. 2. And be it further enae^feS’bat the said adminis- invent Proved*,
trators be, and they are hereby®|horized to invest the

1859-’60.

648

Apply Money.

proceeds of any such sale or sales in the purchase of other
slaves, or to put the same at interest or to invest the money
in the purchase of the interest of the said Wm. W. Little,
in the real estate belonging to said estate: Provided , That
upon petition and proof to said court, it shall appear that
such investment or purchase will be for the interest of said
estate and the price reasonable, and said court shall so
order.

Sec. 3. And be it further enacted^ That if no sale of slaves
as herein provided shall be made, or if any shall be made
and the proceeds shall be insufficient to pay for the interest
of the said W m. W. Little in said real estate, and said court
shall authorize the purchase of such interest as herein prO-
vided, the said administrators are hereby authorized to
apply any other money belonging to said estate which is
not required for the payment of debts to the purchase of
said interest in said real estate.

Sec. 4. And be it further enacted , That said administra¬
tors shall be accountable to said court for any proceeds of
any sale made as herein provided, and for any property,
real or personal, which they shall purchase under the pro¬
visions of this act, and shall report and account to said
court accordingly.

Approved, February 15, 1860.

No. 556.] AN ACT

For the relief of Daniel Lankford, of Fayette County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the of A hbama in General Assembly convened ,
That the Governor of the State be, and he is hereby au¬
thorized to issue a patent to Daniel Lankford, of Fayette
county, to the west half of north-west £ and east half of north¬
west, £ and east £ of south-west £ section 16, township 16,
range 15, in said county, upon satisfactory proof being
made that said land has been paid for, and that said Lank¬
ford is the proper owner of the same.

Approved, February 24, 1860.

649

1859 -’ 60 .

No. 557.] AN ACT

For the relief of Green Loveless.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State ef Alabama in General Assembly ccmvenedy
That the Controller of public accounts be, and he is here¬
by authorized and required to draw his warrant on the
treasurer in favor of Green Loveless, of Marshall county,
for the sum of fifty dollars, to compensate said Loveless for
arresting and prosecuting to conviction Allen Rid way for
horse stealing.

Approved, February 21, 1860.

No. 558.] AN ACT

For the benefit of Robert Lewis, of Greene County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That Robert Lewis, of the county of Greene, and State of
Alabama, be, and he is hereby authorized to establish gates
across the Pickens road in said county, the gates to be so
constructed as to obstruct the passage of vehicles as little as
possible.

Approved, February 25,1860.

No. 559.] AN ACT

To change the name of Mary F. McBryde to that of
Mary F. Stanford.

SKC. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the name of Mary F. McBryde,' infant niece of R. C.
Stanford, be, and the same is hereby changed to that of
MaJry F. Stanford, and by the latter name shall be entitled
to all the privileges and immunities and sijbieet to all the
liabilities and obligations enjoyed or imposed by the said
first name.

Approved, February 24, I860

1859-60.

650

No. 560.] AN ACT

For the relief of Hu B. MoVev, Tax Collector of Franklin

County.

Sec. 1. Be It enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That Hu B. McVey, tax collector of Franklin county, be
allowed until the first Monday in March, I860, to pay over
the taxes of said county for the year 1859: Provided , That
lie be bound by all the obligations and penalties now im¬
posed by law for the faithful discharge of his office: Provi¬
ded., That before this act shall take elfeet the securities of
the said McVey as such collector, shall file their assent in
writing to its provisions in the office of the judge of pro¬
bate for said county.

Appuoved, December 14, 1859.

No. 561.] AN ACT

For the relief of Daniel G. Mays, tax collector of Greene

County.

Sec;. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convtned 1
That the Controller of public accounts be, and he is here¬
by required to draw his warrant on the treasurer for the
sum of two hundred and forty-seven dollars and ninety
cents, to be paid out of any money not otherwise appropri¬
ated in favor of Daniel G. Mays, tax collector of Greene
county.

Approved, February 15, 1860.

No. 562.] AN ACT

For the relief of Stanford Mims.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alaba&p in General Assembly convened ,
That by reason of the JttjjKar circumstances shown by the
record of the divorce or|j|B&faena Mims, from her husband
Stanford Mims, now on Pe in the arehieves of this General

651

1859-60.

Assembly, the law forbidding the person against whom a
divorce has been granted from again entering into the
relation of marriage shall not apply to said Stanford Mims.
Approved, January 26, 1860.

No. 563.] AN ACT

To authorize Wm. H. Nevill, of Sumter county to erect
gates across a certain public road.

SEC. 1. Be it enacted by the Senate and House of Represent¬
atives oj the State of Alabama in General Assembly convened, .
That W. Li.'Nevill, of Sumter county, be, and be is here¬
by authorized to erect and keep one or more gates across
the Watt’s ferry road, so called in said county, where the
same pusses upon and across the land of said Nevill: Pro¬
vided , That he shall keep the same at all times in good
order and repair and so as to be easily opened by the
public.

Approved, February 4, 1860.

No. 564.] AN ACT

To authorize John S. Moragne to erect a dam across Big

Mill Creek,

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened^
That John S. Moragne, his heirs and assigns, be, and he
is hereby authorized to erect and continue permanently a
dam across Big Mill creek, at or near a place known as
O. M. Samom’s fish trap shoal, now owned by the said
Moragne, for the purpose of propelling such machinery as
as he may deem proper to establish there; Provided , the
said dam shall not exceed six feet in height^ and shall be
used in good faith for the purpose of propelling such ma¬
chinery. • : - ,

Approved, February 23, I860,,

1859-m

652

No. 565.] AN ACT

For the relief of the Administrator of Jacob Mitchell,

deceased.

Sec. 1 . Be enacted by the Senate and House of Represent *
a tires of the State of Alabama in General Assembly, convened ,
That llobert T. Dade, of the county of Mobile, administra¬
tor of the estate Jacob Mitchell, deceased, be, and be is
hereby authorized and ^empowered to sell and convey the
whole or any part of the real estate of the said decedent of
private or public sale, the sale to be confirmed by the court
of probate of Mobile county, before the execution of any
conveyance.

. Approved, February 24, 1860.

No. 566.] AN ACT

For the relief of Washington T. May.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That hereafter when it becomes necessary fur Washington
T. May to take the oath against dueling required by section
110 of the Code, the oath shall be confined in point of time
to the 14th day of January, A D. 1860.

Approved, February 21, 1860.

No. 567.] AN ACT

For the relief of Washington C. McMahon.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the Controller cf public accounts be, and he is hereby
authorized to draw bis warrant on the State treasurer for
the sum of one hundred and fifty dollars in favor of Wash¬
ington C. McMahon, of the county of Calhoun, to be paid
out of any money in the treasury not otherwise appropria¬
ted, for pursuing and a^jlHg One Abram Spencer, alias
Johnson, charged wi&lr^^HEtealing;

Approved, FebruaryBjPlJfiO.

653

1859~'60.

No. 668.] AN ACT

To compensate Richard Norton, of Cherokee County, for
services rendered the State.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama in General Assembly convened ,
That the sum of one hundred and twenty-seven dollars and
twenty-five cents, be paid to Richard Norton, of Cherokee
county, out of any money in the treasury not otherwise
appropriated for bringing from the State of Mississippi one
John B. Henderson, a fugitive from justice from the State
of Alabama; that the Controller of Public Accounts, be
authorized and required to draw his warrant on the State
treasurer for the above amount in favor of the said Richard
Norton.

Approved, February 20, 1860.

No. 569.] AN ACT

To authorize Benjamin F. Noble to dispose of certain pro¬
perty held by him in trust for the benefit of his cestui
que trust

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That Benjamin F. Noble, of the city and county of Mont¬
gomery, be, and he is hereby authorized as trustee for the
execution of certain trusts created by a deed executed by
himself on the 13th day of December, 1846, to George W.
Noble, and also as trustee for the execution of certain
trusts created by a deed executed by James H. Devotie, on
the 28th day of April, 1842, to said George W. Noble, to
sell said Blaves ana their increase, or any number of them,
or to exchange the same for other and more suitable slaves,
and to ratify and confirm any sale or exchange which may
have been heretofore made of any of said slaves, the pro¬
ceeds of which sale may have come into his possession,, and
which sale is beneficial to all the cestui que trusts, and he
shall have power to invest the proceeds of the sale of said
slaves, or such of them as he may sell in permanent bank
stock or such other paying as he may deem most
beneficial" to all the cestui que
Sec. 2. Be it further enocf^Proat the proceeds of such

1859 - 60 .

654

Stile, or the slaves obtained in such exchange, or the stock
into which said proceeds shall be converted, shall be sub¬
ject to the same trusts as the property embraced in said
deeds respectively from which such proceeds shall accrue,
or which may be exchanged.

Approved, February 25, 1860.

No. 570.] AN ACT

To compensate Dr. F. H. Newman et al for a post mortem
examination in aid of public justice.

Sec 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened,
That the court of county commissioners of Madison county
are hereby authorized and empowered to audit and allow
Drs. F. H. Newman, L. Rov Antony,and the legal represent¬
atives of the. estate of George Steel, such sum as tiie said
court may think just and proper, For a post mortem exami¬
nation made in said county by said F. H. Newman, L. Roy
Antony and George Steele, upon the body of John Y.\ r-
broujh, deceased, or upon the body of any other deceased
person of said county of Madison, made by order of the
circuit court for said county in aid and furtherance of pub¬
lic justice.

Approved, February 28, 1860.

No. 571.] AN ACT

For the relief of Levi Pike.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State oj Alabama in General Assembly convened ,
That from and after the passage of this act, Levi Pike, pf
the county of Clarke, in the State of Alabama, shall be,
and he is hereby authorized to exhibit sleight of hand and
concert shows in the several counties of this State, upon
his paying an annual State tax of twenty-five d >llars, to¬
gether with the county tax of the particular county where
he may exhibit, and the certificate of any judge of probate
in this State shall be au^cient evidence of the payment of
said State tax.

655

1859 - 60 *

Sec. 2. Be it further enacted, That all laws or parts of
laws contravening the provisions of this act are hereby
repealed.

approved, February 24, 1860.

No. 572.] AN ACT

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,

'!<> give jurisdiction to the Chancery Court ol Madison
County to authorize Charles H Patton, Trustee for Kate
Moore and Guardian for Samuel Moore, to do certain
things therein named.

That lull jurisdiction, power and authority be, and are
hereby v< steel in the court of chancery for the county of
Madison, in said State, on a bill or bills to be filed, and
proper showings to be made by him, to render a decree or
decrees, allowing and directing Charles H. Patton, as trus¬
tee of Kate Moore, appointed under a clause in the will of Cbafl H Pfttt0Q<
her father, and as guardian of Samuel Moore, with any
money on hand belonging to said Kate and Samuel or
either of them to purchase for him or her lands in the State
of Mississippi, Arkansas or Louisiana, and to take the title
to all land so purchased to and in favor of said Samuel and
Kate, or either of them, and also to purchase slaves, and
to take the title thherefor to said Samuel and Kate, or
either of them.

Sec. 2. Be it further enacted, That said court shall also
have jurisdiction, power and authority to allow said Patton
as such guardian and trustee to remove from the State of
Alabama, any slaves belonging to said Samuel and Kate, emove aves ’
not required to work the lanas in Alabama, and to place
them upon any lands so purchased by him for them, or
d her of them in Mississippi, Arkansas or Louisiana, and
plant and raise crops thereon, and sell the same publicaly
or privately : Provided , said court shall pot grant any such
order or decree till said Patton shall produce and file in
Said cause the written consent of his suritiesas such trustee .
and as such guardian to be, and continue to be bound as
such after such investments and removal.

Sec. 3; Be it further enacted , That said court shall retain
any bill or bills to be filed by said,Patton under this law,

1859 - 60 .

656

and shall require him to make annual settlements of his
said trusts so long as such trusts shall continue.

Approved, February 21, 1860.

No. 578.] AN ACT

For the relief of Reece Price, late of Marengo County.

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly, convened,
That the Controller be authorized to draw his warrant on
the treasurer in favor of Reece Price, late of Marengo
county for the sum ot twenty-two dollars and twenty-eight
cents, the same being for State taxes improperly assessed
and paid the tax collector of Marengo county, for the year
1854.

Approved, February 10, 1860.

No. 574.] AN ACT

For the relief of W. F. Rose, Tax Collector of Lawrence

County.

Sec. 1. Beit enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly, convened ,
That W. F. Rose, tax collector of Lawrence county, shall
have until the 1st day of May, 1860, to make final settle¬
ment of his accounts as such, with the Controller: Provided ,
That he shall first obtain the written consent of the sureties
on his official bond for such extension, and file the same in
the office of the Controller of Public Accounts before this
act shall take effect.

Approved, February 24, 1860.

657

1859 - 60 .

No. 575.] AN ACT

To authorize the executrix of Wiiiiam Robinson, also the
Administrators of Robert Coles to keep together the
estates of their respective decedents, and for other pur¬
poses.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alat/ama in General Assembly convened,

That the probate court for the county of Madison, in said
State, shall have full power and authority on proper appli- Keep prop€rty
cation and showing to be made to it, to grant an order, together,
allowing Caroline P. Robinson as the administratrix de
bonis non, on the estate of %V illiam Robinson, late of said
county, to keep together and work as heretofore, all the
property, real and personal of said Robinson for any num¬
ber of years not exceeding ten, and shall include and em¬
brace in said order the dower in the land, and distributive
share in the personal estate of the widow of said Robinson,
and also to grant an order allowing Robert Fearn as the
administrator de bonis non of Robert Coles, to keep together Robert Coks ‘
and work as heretofore, all the property, real and personal
of the estate of said Coles for any number of years not ex¬
ceeding ten, and shall include and embrace in said order
the dower in the land and distributive share in the personal
estate of the widow of said Coles: ’Provided, That the widows
of said Robinson and Coles shall respectively consent in
writing to such order, which consent shall be died as a consent i& wrn-
paper in said estate: Provided, further, That any child of 1 ”*'
either of said decedents, or any distributee of their respec¬
tive estates, may, nevertheless, on attaining his or her
majority, of a female on marrying, apply to said probate
court for his or her distributive share of said estates, and
shall be as fully entitled to demand and receive the same
as if this act had not been passed. !

Seo. 2. Be it further enacted, That all the provisions of 0ode .
the Code in relation to keeping estates together, and their
management and settlement, except Section I903shall apply
to said two estates. r

Sec. 3. Be it further enacted , That the widows of said
Robinson and of said Coles may, on proper application at
the* end of any year, have her dowfer m theTands, and her
distributive ishare in the estate of her husband, assigned
and apportioned 1 6 her by an order of said court as is now
done and allowed.

1859 - 60 .

658

Remove slaves.

Sec. 4. Be it further enacted , That the court of chancery
for said county of Madison, shall have full power and
authority to authorize said Caroline P. Robinson, as admin¬
istratrix as aforesaid, to remove any number of slaves from
the plantation of said William Robinson, in the county of
Madison and carry and place them in the care and custody
of the administrator of said Robinson, in the county of
Noxubee, and State of Mississippi;, but before this decree
shall be made the administrator must file in said court his
written consent to receive such slaves and work them on
the plantation of said Robinson, in said county of Noxubee,
and account for as slaves already in his possession : Provi¬
ded, That the said administrator appointed in Mississippi,
may be required before the removal of said property to
give additional bond for the faithful administration of said
property.

Approved, February 15, I860.

No. 576.] AN ACT

For the relief of Chapman Roberts, late Tax Assessor for

the county of Lawrence

Sec. 1 . Be it enacted by the Senate and Home of Represent^
atives of the State of Alabama in General Assembly , convened,
That it shall be lawful for the commissioners court of
Lawrefice county to make just compensation to Chapman
Roberts, late tax collector of said county, for assessing the
county taxes.

Approved, February 21, 1860.

No. 577.] AN ACT

For the relief of Jane L. Reed.

Sec. 1. Be it enacted by the Senate and House of Represent -•
atives of the State of Alabama in General Assembly convened,
That all interest which the State of Alabama now hag or
might acquire upon inquest of, office, found in the estate,
either real or personal, owned by John McCracken, late of
Macon county, Alabama, at the time of his decease, be,
and the same is hereby vested in Jane L.Reed, widew of

669

1859 ~’ 60 .

Samuel Reed, late of said Macon county, deceased, to be
held in trust by said Jane for the benefit of herself and
children now living.

Approved, January 25, 1860.

No. 578.] AN ACT

For the relief of the next of kin of Joseph Ritter, de¬
ceased, late of Montgomery county.

Sec. 1. Be it enacted by the Senate and House of Represent-
atives of the State of Alabama in General Assembly, convened ,
That all title to the real estate owned by Joseph Ritter,
of Montgomery county, which by law yested in the State
of Alabama, by the death of said Ritter, without heirs
capable of taking by descent, be, and the same is here¬
by transferred to the administrator of said deceased, sub¬
ject to distribution among the next of kin of Joseph
Ritter, deceased, as if the same were personal property;
Provided , That nothing herein contained shall be so con¬
strued as to affect the rights of any creditor of said
Ritter.

Approved, February 18, 1860.

No. 579.] AN ACT

For the relief of the heirs^pf M. Rembefcfc, deceased*
late of Marengo county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That administrator of Judge M. Rembert, late of Marengo
county, deceased, is hereby authorized so long as he keeps
the estate of the deceased together, to work the slaves of
Mary Francis Rembert, the widow of the deceased, with
the slaves of the said deceased : t . Provided, the estate of said
deceased would not be injured |hereby; And provided, the
said Mary F. Rembert consents thereto.

Sec. 2. Aedt further enacted, That any guardian of the
infant children and heirs at law of the said Jucge M. Rem¬
bert, deceased, now or hereafter appointed, is authorized,
with the consent of said Mary F. Rembert, to work her

1859 -’ 60 .

660

slaves together with the slaves of said infant children in
raising crops upon their real estate in Marengo county:
.Provided, That in the opinion of such guardian the interests
of tiie infants will not thereby be prejudiced.

Aitkoved, February 24, I860.

No. 580.] AN ACT

For the relief of the children of John Stewart and Bose

Stewart.

Whereas, Christopher S. Stewart, of Washington county,
being an alien, died intestate without children or any known
relations entitled to inherit his estate, but leaving a widow,
Matilda Stewart, who was also an alien, and whereas, the
said Matilda Stewart also died an alien, but made her last
will and testament in which she left her real estate to the
children of John Stewart and Rose Stewart, viz: Charles
A. Stewart, Christopher S. Stewart, Eliza S. Stewart, and
Ann M. Stewart, who were also aliens; and whereas, the
said legatees and their heirs may be deprived of the prop¬
erty so left them unless prevented by statute for remedy
whereof,

Dc vise, bequest,
Ac.

Relinquish title.

Sec. 1 . Be it enacted by the Senate ami House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That the said children of John Stewart and Hose Stewart
and their heirs be, and they are hereby declared able and
capable in law of taking bj| devise, bequest, descent and
distribution, the estate of the said Christopher S. Stewart
and Matilda Stewart, or either of them, in the same manner
as if the said Christopher S. Stewart and Matilda Stewart
had not been aliens, and as if the children of the said John
Stewart and Bose Stewart bad not been aliens: Provided 7
nothing herein contained shall be construed to effect the
legal rights and claims on said estate.

Sec. 2. And be it further enacted, That the State of Ala¬
bama does relinquish and grant to the said children of John
Stewart and Rose Stewart,yand their heirs, all right, title
and interest in and to the estate of the said Christopher S.
Stewart, or either of them, which now exists or might vfst
in the State by virtue of the law regulating escheats, and
the said children and their heirs are hereby authorized and
entitled to receive, take and hold all the estate of the said

661

1859 -’ 60 .

Christopher S. Stewart, saving always the rights of credi¬
tors as herein before provided for, any law, usage or custom
to the contrary notwithstanding.

Approved, February 14,1860.

No. 581.] AN ACT

To authorize George W. Thrash of Dallas county, and
Daniel II. Williams, of Greene county, to erect gates
across certain roads therein named.*

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That George W. Thrash, of Dallas county be, and he is
hereby authorized to erect a gate across the road leading
from the mouth of BoguechitU creek to the Cahaba and
Claiborne mad, at some point at or near where his land
and Nat Edwards connect.

Sec. 2. Be it further enacted, That Daniel H. Williams,
be, and he is hereby authorized to erect a gate across the
road leading from Eutaw in Greene county, to Greenville
in Sumter county, on that part of said road which passes
through the plantation of the said Williams, near the Tom-
bigbee river, in Greene county : Provided , he shall so con¬
struct said gate as not materially to injure the convenience
of travelers.

Approved, February 23, 1860.

No. 582.] AN ACT

For the relief of Martha Aqu C. Shaw, of the county of

Cdosa.

\ ' ‘

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of A labama in General Assembly, convened ,
That Martha Ann C. Shaw, of the county of Coosa* be, and
she is hereby relieved from the * disabilities and penalties
imposed by Jaw on all persons against whom * divorce may
he granted. \

Approved, December 5, 1869.

1859 - 60 .

662

IHle petition.

Duty of court.

No. 583.] AN ACT

Permitting Charles Short ami others to become slaves, on
application to the Probate Court of Russell county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That Charles Short, Jim Short, Hezekiah Short, Sarah
Short, Harriet Short and Adeline Short, with their chil Iren,
to-wit: Henry, John, Smith, Willson, Anderson and Frank,
all of them free negroes residing with Young Edwards, in
the county of Russell, be permitted to go before the Judge
of the Probate Court of Russell county and file their petition
in writing to become the slaves at said Young Edwards;
whereupon the court shall appoint a guardian ad litem to
defend for those under the age of eighteen years. The
court must also cause the said Edwards to file an assent in
writing to become the master of said negroes, and if upon
the trial of said petition the court shall be convinced by the
proof of disinterested witnesses and from all the facts and
circumstances of the case that said negroes did voluntarily
and of their accord file said petition, and they really desire
to become the slaves of the said Edwards, it shall be the
duty of the court to decree said free negroes to be the slaves
of the said Young Edwards including their said children.
From thence forward said negroes Charles, Hezekiah, Jim,
Sarah, Harriet and Adeline Short, and their children Hen¬
ry, John, Smith, Wilson, Anderson and Frank shall be
deemed and held as the slaves of the said Edwards: Provi¬
ded , said negroes, nor any of them, shall never be sold for
the debts or liabilities of the said Edwards or hi s heirs or
distributees: and , provided also , the court must be satisfied
that said Edwards is a man of good moral character.

Sec. 2. And be it further enacted , That it shall be the
duty of the court to make a record of all the proceedings
in the case and the testimony adduced on the trial. Either
party shall have the right of appeal to the Supreme Court
under the law now in force regulating appeals from the
decisions of sa.d courts. >

Sec. 3. And be it further enacted , That the Judge of
Probate shall receive five dollars for his services in the eas^,
and the guardian ad litem twenty dollars, to be paid by t&e
said Edwards.

Approved, February 23, 1860.

663

1859 - 60 .

No. 584.] AN ACT

For the relief of Eli S. Shorter, R. F. Treadwell and other
persons therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly y convened ,
That the Attorney General be, and be is hereby authorized
to make an entry of satisfaction on a judgment in the cir¬
cuit court of Montgomery county upon execution issued on
said judgment in favor of the State of Alabama against
Eli S. Shorter, Benjamin F Treadwell and others, securi¬
ties ol William H. Roberts, late tax collector of Barbour
county: Provided , all said judgment has been or shall here¬
after be paid, except the sum ol six hundred and tvventy-
nine^ollars and twenty-four cents, being the damages exclu¬
sive of the principal and interest of the actual default of
said tax collector, which said damages amounting to said
sum are alone intended to be hereby relinquished.

, Approved, February 23, 1860.

No. 585.] AN ACT

For the relief of the heirs of John E. Sentell, deceased.

Sec. 1. Be it enacted by the Senate and Bouse of Represent¬
atives of the State of Alabama in General Assemblyy convened,
That the Governor be, and he is hereby authorized and
required to issue a patent to the heirs of John E. Sente]),
deceased, to the south-west quarter of the south-east quar¬
ter of section sixteen, township ten; of range fifteen^ in the
county of Butler: Provided , That said heirs shall first file
in the office of the Secretary of State the patent heretofore
issued to them, to the north-east quarter of the south east
quarter of said section, township and range as aforesaid*
any law to the contrary notwithstanding.

Approved, February 24,1869.

0G4

Bridge.

Toll.

Exempt from toll.

Damages.

Commissioners’

court.

No. 536.] AN ACT

For the relief of John E. Spots wood, of Madison county.

Sec. 1 . Be it enacted by the Senate and House of .Represent¬
atives of the State of A labama in General Assembly convened,
That John E. Spotswood, of the county of Madison, who
was at the September term, 1858, of the circuit court of
said county of Madison, convicted of murder in the second
degree for the killing of William 0. Bradford, and who has
been pardoned by the Governor of this State, be, and is
hereby vested to all the rights and privileges of citizenship
in this State, as if he had never been convicted as aforesaid.

Approved, February 15, 1860.

No. 587.] AN ACT

To authorize Dennis Springer to construct a Turnpike across

Sipsey river.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly convened ,
That Dennis Springer be, and he is hereby authorized to
build a bridge across Sipsey river, and construct a, turnpike
through the swamp thereof on the Cleveland ferry road in
the county of Tuscaloosa.

Sec. 2. Be it further enacted, That said Dennis Springer
shall be entitled to receive such toll for traveling on said
bridge and turnpike as the court of county commissioners
of Tuscaloosa county shall allow.

Sec. 3. Be it further enacted , That all persons living
within three miles of said turnpike shall be exempt from
toll for traveling on the same and crossing on said bridge.

Sec. 4. Be it farther enacted. , That said Dennis Springer
shall be liable for all damages that may be done to any pas¬
senger or to his property in traveling on said turnpike or
across said bridge, if caused by the neglect of said Springer
or any of his agents or servants.

Sec. 5. Be it further enacted, That this shall be in force
for twenty years only, unless renewed by the Legislature.

Sec. 6. Be it further enacted , That the commissioners
court shall have power to make such orders and enforce
such conditions and restrictions as they may think neces¬
sary to protect the public. *

Approved, February 21, 1860.

665

1859 - 60 .

No. 588.] AN ACT

For the relief of the Tax Collector of Covington county.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened,
That John \V. Stokes, tax collector of the county of Cov¬
ington, be allowed until the 1st of May, 1860, to make
returns of the taxes and to pay the same over to the Con¬
troller for the county of Covington: Provided , That before
th is act shall take effect the securities on the official bond
of said tax collector shall first file their assent in writing
thereto with the Controller of Public Accounts.

Approved, February 28, i860.

No. 589.] AN ACT

To authorize the Executors of J. J. Stewart, deceased, to
remove the administration of said estate from the county
of Lowndes to the county of Montgomery.

Sec. 1. Be it enacted by the Senate and. House of Represen¬
tatives of the State of Alabama in General Assembly convened ,

That the Judge of Probate for the county of Lowndes shall ^^ n e d ^P robate
make a complete transcript of all the acts and proceedings
of record in the Court of Probate for said county respect¬
ing the administration of the estate of James J. Stewart,
deceased, and shall duly certify and deliver the same so
certified to the executrix of said estate.

Sec. 2. Be it farther enacted , That whenever said trans¬
cript shall be delivered to the Judge of Probate for the
county of Montgomery, the said*Judge of Probate for the p^bat
county of Montgomery shall have authority to take full “* on gomery *
and complete jurisdiction of said estate, ane proceed regu¬
larly in the settlement and business of said estate, in all
matters appertaining thereto, as fully and completely as if
the administration had originally commenced in the county
of Montgomery.

Sec. 8. Be it further enacted^ That the Judge of Probate
for the county of Lowndes shall cause all papers and docu-papers sealed,
ments connected with said estate to be lawfully sealed up
and transmitted to the Judge of Probate for the county of
Montgomery to be filed in said Probate Court.

Sec. 4. Be it further enacted ) That from and after such

1859 - 60 .

666

Fees paid.

exemplification of the record of said estate shall be filed in
the Probate Court of Montgomery county as aforesaid, the
administration of said estate shall cease and determine in
the county of Lowndes as aforesaid, and, provided, that all
costs which are due to the Court of Probate in the county
of Lowndes shall be first paid before said removal by the
executrix of said estate: Provided , That the s eurities of
the said executors first file their assent in writing to the
removal of said administration in the offices of the Judges
of Probate of each of said counties.

Approved, December 15, 1859.

No. 590.] AN ACT

To compensate John W. Shepherd for his services as Clerk
of the Committee on the judiciary of the House of Hep*
resentatives.

Sec, 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That John W. Shepherd, of Montgomery, shall be entitled
to receive as compensation for his services as clerk of the
•committee on the. judiciary of the House of Representa¬
tives the sum of five dollars per diem from the time of his
appointment as such clerk under the resolution of the House
adopted on the 21st day of November, 1859, and that the
Controller of public accounts be, and he is hereby required
to draw his warrant on the State Treasurer in favor of the
said John W. Shepherd for the aggregate amount of such
compensation, on the production of a certificate from the
chairman of said committee as to the time of his appoint¬
ment, and the number of days he has served as such clerk,
which sum is to be paid out of any moneys in the treasury
not otherwise appropriated.

Approved, February 23, 1860.

667

1859 -’ 60 .

No. 591.] AN ACT

For the relief of the estate of Morgan Smith, deceased, of

Lowndes county.

Sec. 1 . Be it enacted by the Senate and, House of Represent -
atives of the State of Alabama in General Assembly convened\
That the Controller of Public Accounts be, and he is here¬
by required to draw his warrant on the State treasurer in
favor of George A. Gilmer, administrator of the estate of
Morgan Smith, deceased, late of Lowndes county, for the
sum of one hundred and ten 29 100 dollars, to be paid out
of any money in the treasury not otherwise appropriated,
for tax over paid by said Morgan Smith in the years 1854,
1855, 1856, 1857 and 1858.

Approved, February 25, 1860.

No. 592.] AN ACT

To compensate G. T. Yelverton, Commissioner, to negotiate
for the cession of West Florida.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the. State of Alabama in General Assembly , convened y
That the sum of four thousand three hundred and sixty
dollars is hereby appropriated out of any moneys in the
treasury not otherwise appropriated, as compensation to
Gappa T. Yelverton and re-inbursement of expenses in¬
curred by him as commissioner appointed by the Governor
under the authority of the General Assembly to negotiate
for the cession of West Florida to the State of Alabama,
and that the Controller of Public Accounts draw his war¬
rant on the treasurer in favor of said Yelverton for said
sum.

Approved, February 21, 1860.

1859 - 60 .

668 5

No. 593.] AN ACT

To compensate the Solicitors for the State of Alabama, in
the litigation between Georgia and Alabama, in respect
to the boundary line between said States.

Sec. 1- Be it enacted by the Senate and House of Represent¬
atives of the S tni e af Alabama in General Assembly convened^
That the sum of five hundred dollars be, and the same is
hereby appropriated to the payment of Edward S. Dargan,
Esq., five hundred dollars to the legal representatives ot J.
E. Reiser, deceased, for services rendered as Solicitor for
the State of Alabama in the litigation between said State
and the State ol Georgia in respect to the boundary line
between said States.

Sec. 2. Be it farther enacted , That the sum of one
thousand dollars be, and the same is hereby appropriated to
the payment of P. Phillips, Esq., for services rendered as
Solicitor for the State of Alabama in the litigation between
said State and the State of Georgia in respect to the boun¬
dary line between said States.

Sec. 3. Be it further enacted , That the Controller of Pub¬
lic Accounts is hereby authorized to draw his warrant on
the treasurer of the State in favor of the said Edward S.
Dargan, and the legal representatives of J. E. Belser, de¬
ceased, and P. Phillips, respectively, for the sums appro¬
priated as aforesaid.

Approved, February 23, 1860.

No. 594.] AN ACT

To compensate J. F. Smith for capturing James R. Dunklin,

a felon.

Sec. 1. Be it enacted by the Senate and House of Represent -
atives of the State of Alabama in General Assembly convened .,
That the sum of eighty-four dollars be, and the same is
hereby appropriated to pay John F. Smith for pursuing
and capturing James R. Dunklin, a felon *, and the Con¬
troller is hereby directed to draw, his warrant on the treas¬
urer for said amount in favor of said Smith.

Approved, February 24, 1860.

AN ACT

No. 595.j

For the relief of the owners of Fish Traps on the
Tennessee river.

SfaJ. 1. Be it enacted by the Senate and House of Represent¬
atives of tine State of Alabama in General Assembly convened,
That from and after the passage of this act all owners of
fish traps on the Tennessee river in this State that have
been constructed, or in course of construction, or may here¬
after be constructed, shall have exclusive property therein:
Provided , That said owners shall not be allowed to obstruct
the navigation of tho said river; and, provided farther more,
that they shall make no claim for damages for any public
improvement or improvements hereafter made in pursuance
of or by authority of any act of the Legislature of the
State of Alabama, and that this act may be repealed by any
subsequent Legislature of this State.

Approved, February 24, 1860.

No. 596.] AN ACT

To constitute Evaline A. Tichnor a free dealer.

S.EC. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened.,
That Eveline A, Tichnor, wife of Daniel E. Tiehnpr, of
Tallapoosa county, be, and she is hereby declared a free
dealer. She may sue and be sued in her own name with¬
out joining in the suit the name of her husband or any
other person; she may in her own name contract and be
contracted with, and all money, property or effects acquired
by her labor, industry or otherwise, shall be free from the
debts or liabilities of her present, or any future husband,
and shall constitute her sole and separate estate.
Approved, February 25, 1860.

670

No. 597.] AN ACT

For the relief of Sarah Tindel, and other persons therein

; named.

Sec, 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That James M. Tindel be, and he is hereby declared and
appointed trustee for Sarah Tindel and her children under
and by virtue of certain deeds in trust made for their ben¬
efit and support by Pleasant May, Sr., late of Green county,
with full power and authority to take possession of, control
and manage the said trust estate in the same and as ample
a manner as the trustee named in said trust would or could
do if he were living.

Sec. 2. Be it further enacted , That the said Philip P. May
be, and he is hereby authorized and required to account
with the said James M. Tindel for all the money, property
and effects belonging to said trust estate which have come
into his hands or possession as such trustee, and on his
fully accounting for such money, property and effects, and
delivering the same to the said James M. Tindel, the said
Phillip P. May shall be fully discharged and released from
his said trusteeship.

Approved, February 9, 1860.

No. 598.] AN ACT

For the relief of John J. Woodward, and to appoint

Solicitors.

Sec. 1. Beit enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That section 723 of the Code of Alabama shall not apply
to John J. Woodward as Solicitor of the 9th Judicial Cir¬
cuit of the State of Alabama, and that he is hereby author¬
ized to act as the Solicitor of the said 9th Judicial Circuit
as now laid off and numbered, until the expiration of his
term of office, notwithstanding his place of residence.

Sec. 2. Be it further enacted , That the Governor is here¬
by authorized and required to appoint a Solicitor in each of
the new or old judicial circuits to fill any period of time
not provided for by the act to lay off and divide the State

671

1859-60.

into eleven judicial circuits, and by the election of Solicit¬
ors therefor by this General Assembly.

Approved, Februaiy 10, 1860.

No. 599.] AN ACT

To Authorise J. W. Wesson, and Elisha King, and also
John W. Wesson to erect dams across Big Wills Creek.

Sec. 1 . Be it enacted hy the Senate and House of Represent -
olives of the State of Alabama in General Assembly convened ,
That J. W. Wesson, and Elisha King, their heirs and as¬
signs, be and they are hereby authorized to continue per¬
manently the dam heretofore erected across Big Wilis
Creek, in the County of DeKalb, at or near the point where
their flouring mills now stand, on section twenty-seven, in
township eleven, of range five, east, Provided , that said
dam shall not exceed eight feet in height, and shall be used
in good faith, for the purpose of propelling said mills, and
such other water-works, as may be erected thereon.

Sec. 2. Be it farther enacted. That the provisions of this
Bill shall also apply to John W. Wesson, under the same
limitations, and restrictions, and that he is hereby authoris¬
ed to continue permanently, or erect a new dam across Big
Wills Creek, not exceeding nine feet high from the top of
the mud sill, at any point where said creek passes through
the lands of the said John W. Wesson, in sections twenty-
three and twenty-six, in township eight, range seven east.

Approved, February 10, 1860.

No. 600. AN ACT

For the Belief of B. West.

Sec. 1 . Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in Gener al Assembly, convened\
That the Controller of pubhe accounts be authorized and
required to draw his warrant on the Treasurer for the sum
of one hundred and fifty-six dollars, for the re-payment of
said sum to said West, for the like sum paid by him into
the Treasury, he having before said payment, sent the same
a m ount by mail to the Treasurer, and which was lost or

miscarried, Provided , that before the Controller shall issue
his warrant for said sum, he shall cause a bond to be exe¬
cuted in double said sum, by or for the said West, condi¬
tioned, that if a note of the bank of the State of Alabama,
for one hundred dollars, numbered 4,924, dated August 5,
F37, or a note on said Bank for fifty dollars, dated Octo¬
ber 23d, 1844, shall hereafter come into the Treasury of
the State, the obligors in said Bond shall refund to the State
of Alabama, the amount of said Bill or Bills, and it shall
be the duty of the State Treasurer to notify the Control¬
ler if such bills do come into the Treasury.

Approved, February 22, 1860.

No. 601. AN ACT

For the Relief of the minor Children of George Walker,
a lunatic citizen of Jackson County.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That it shall be lawful for Daniel M. Martin, guardian of
George Walker, a lunatic citizen of Jackson county, to pay
over annually to John Chitty, of Franklin County, Term.,
guardian for the minor children of said Walker, any money
that may be in his hands over and above enough to pay the
annual expenses of said George Walker, for the purpose of
raising, clothing and educating said minor children during
their minority.

Sec. 2. Be it further enacted , That all payments hereto¬
fore made by said Daniel M. Martin, guardian as aforesaid,
to the said John Chitty, as such guardian, for purposes
aforesaid, are hereby legalized and made valid.

Sec. 3. Be it further enacted, That if any of the female
children of said Walker should arrive at majority, and re¬
main unmarried, while the estate of said Walker remains
in the hands of said Martin, he shall be authorized to pay
over to such child or children, his or her pro rata share of
the annual income of said estate.

Approved, February 25, 1860.

i859-’60.

678

No. 602] AN ACT

To Authorize R. G. Welsh to erect Gates across a certain
public road therein named.

Sf.C, t. Beit enacted hy the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened ,
That from and after the passage of $his Act, R. G. Welsh
be and is hereby authorised to erect two gates across the
public road known as the “Welsh road,” in section thirty-
four, * township eighteen, range twenty, in Montgomery
county, at any point he may select, the gates to be free from
toll; any law, usage or custom to the contrary notwith¬
standing.

Approved, B'ebruary 25, 1860.

No. 603. AN ACT

For the Relief of W. W. Waller, trustee of E. A. &

Waller.

Sec. 1. Be it enacted hy the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened ,
That W. W. Waller is hereby authorised to remove the
trusteeship and trust property of E. A. I* Waller from the
chancery district in which Wetumpka is located to the
County of Montgomery.

Sec. 2. Beit further enacted^ That the register of the chan¬
cery court of Montgomery county is authorised and required
to receive a bond from said Waller, for the performance of
his trust, and certify the fact of his giving bond without
security, and thereupon it shall be the duty of the Chan¬
cellor of the Middle Chancery division to make and order
removing the whole of said trust proceedings to the Chan¬
cery Court of Montgomery County, in the Southern Chan¬
cery division, and the Chancery Court 'of Montgomery is
invested hereby with authority to take jurisdiction of said
setters.

APfboved, February 23,1860.,

, 48

1850-60.

674

No. 604.] AN ACT

For the Belief of the Executors of John C. Waters.

Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Alabama in General Assembly, convened,
That the executors of the last will and testament of John
C. Waters, deceased, hereby empowered to sell any prop-
erty lying in this State belonging to the estate of said
Waters, according to the provisions of said will, by com¬
plying with paragraph numbered one, of section 1934 of
the Code of Alabama.

Approved, February 25,1860.

No. 605.] AN ACT

For the Belief of William A. Wilson, of Coosa County.

Sec. 1. Be it enacted by the Senate and Bouse of Represent¬
atives of the State of Alabama in General Assembly , convened ,
That the Controller of Public Accounts be, and he is
hereby authorized and required to draw his warrant on the
State Treasurer for the sum of two hundred dollars in favor
of William A. Wilson, of Coosa County, to be paid out of
any money in the Treasury, not otherwise appropriated, for
extra services rendered to the State, in arresting prisoners
to wit: G. W. Hunter, Abel Britton and T. A. Jackson.

Approved, February 23, 1860.

No. 606.] AN ACT

To Authorize Lewis Wetherspoon, and Cora, free negroes,

to become Slaves..

Sec. 1. Be it enacted by the Senate and House of Represent*
atives of the State of Alabama in General Assembly convened.
That Lewis Wetherspoon, a free negro, living in fthe Coun¬
ty of Pike, be and is hereby authorized and empowered to

675

1859-’60.

select and choose William Croswell, of said County, for bis
owner and master, in the manner and form hereinafter pre¬
scribed by this Act.

Sec. 2. Be it further enacted , That the said Lewis Weth-
erspoon shall file his petition in the Probate Court of the
County of Pike, declaring his intention to, and desire of
becoming a slave, and of being owned as property by the
said William Croswell, whereupon it shall be the duty of
said Court, after notifying the said William Croswell of the
filing of said petition, and after said William Croswell shall
file his written consent, in said Court, to become the owner
and master of the said Lewis Wetherspoon, to enter up a
decree on the records of said Court, that from and after the
date of said decree, the said Lewis Wetherspoon shall be
the slave and property of the said William Croswell.

Sec. 3. Be it further enacted ) That from and after the ren¬
dition of the degree aforesaid by the Probate Conrt of the
said County of Pike, the title to the said Lewis Wether¬
spoon shall vest absolutely in the said William Croswell
and the said Lewis Witherspoon shall cease to be free, and
the said William Croswell shall be amenable to all the laws
of this State on the subject of master and slaye, as the
owner of the said Lewis Wetherspoon.

Sec. 4. Be it further enacted , That the fees of the Probate
Judge, for the services above imposed upon him by this
Act shall be the same as the fees now allowed by law for
similar services, and shall be paid by the said William
Croswell.

Sec. 5. Be it further enacted , That u Cora,” a free negro
woman be allowed to become the property of Elizabeth C.
Witter, of Chambers County, upon making application to
the Judge of Probate of Chambers County, under the reg¬
ulations and requirements hereinbefore prescribed.
Approved, February 10,. 1860.

No. 607.] AN ACT

For the relief of Jessa B. WalJJs, of the. county of Walker.

Sec. 1. Be it waded by the Senate and Wwi of Represent¬
atives of the Sfate of V convened ,

Thajt the Secretary of State "bo required to issue a patent to

Jesse B. Wallis, for the north-east Jof the N.B. and the
N. W. i of the N. W. and the south £ of the JN. E. J,
and the N. W. £ of section 16, in township 15 of range 8
west, in the Tuscaloosa land district: Provided , the Gover¬
nor be satisfied that full payment has been made lor said
land ; And provided , That satisfactory proof is made that he
is the owner of the same.

Approved, February 24, 1860.

No. 608.] AN ACT

To authorize John G. Ward, of the county of Dale, to erect
gates across a certain public road therein named.

Sec. 1. Be it enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly convened ,
That trorn and after the passage of this act, John G. Ward
be authorized to erect gates across the public road now
leading from Ledbetters olu store, in Dale county, by
Coxe’s bridge to the ^kipperville ami Newton public roads,
at any point that he may select, where said road runs or is
located on the lands of said John G, Ward, the gates to be
free from toll, any law, usage or custom to the contrary
notwithstanding.

Approved, February 4, lt60.

No. 609.] AN ACT

For the relief of the Idiotic sons of Eli Watts, of Marshall

county.

.'ip - .

Sec. 1. Be it enacted by the Senate and House of Represent -
ativesof the State of Alabama in General Assembly , convened t
That the commissioners court of roads and revenue of Mar¬
shall county, be, and they are hereby authorized anddireetd
to make annually a separate allowance for the support of Eli
Lemuel and Jeptba Newton Watts,pauper idiots of said coun¬
ty, equal to the sum the said <^burt shall alio w to the overseer

677

1859-’60.

of the poor house of said county for each pauper kept in
said poor house, which allowance shall be paid to the father
of said idiots, during his lifetime, and thereafter to their
mother or other person having charge of them, so long as
they remain in said county.

Approved, January 80, 1860.

No. 610.] AN ACT

For the relief of Lewis White, of Blount county.

Sec. 1 . Be it enacted by the Senate and House of Represent¬
atives of the State oi Alabama in General Assembly convened ,
That the sum of sixty-six and 50-100 dollars, be, and the
same is hereby appropriated to re-imburse Lewis White, of
Blount county, for money expended by him in arresting
and prosecuting to conviction William tlambrick, charged
with horse stealing, burglary, and grand larceny, and that
the controller of public accounts issue his warrant on the
State treasurer in favor of the said Lewis White tor the
same.

Approved, December 16, 1859.

No. 611.] AN ACT

For the benefit of the estate of P. A,' Wise, deceased.

Sec. 1. Be U enacted by the Senate and House of Represent¬
atives of ihe State of Alabama in? General Assembly, convened ,
That Alexander A. Dent, adhaiiir^trator of the estate of
Patton A. Wise, late of Tallapoosa cfcmnty, deceased, be,
and he is hereby authorized and empofter^to sell publicly
or privately, and in whole or the stock of goods,

wares and merchandise ow.ned v ^nd fey the said

deceased at the time of bis in tte. town of Dudley-
ville, in said county, and also thfe storehouse and lot occu¬
pied by said intestate, in said town, and which: contained
the goods, wares and merchandise aforesaid, and to convey

1859 -’ 60 .

678

to the purchaser all the right, title and interest therein,
which the said intestate had at the time of his death.

Sec. 2. Be it farther' enacted, That the said administrator
is also authorized ami empowered to sell and dispose of, at
his discretion, all the interest which the said intestate bad
at the time of his death, in the effects, property and debts
belonging or owing to the late firm of Davis & Wise (com¬
posed of John O. Davis, and said intestate, and doing a mer¬
cantile business at the town qf Daviston, in said county,) and
also belonging or owing to the late firm of Rowe & Wise,
(composed of William L. Rowe and said intestate and doing
a mercantile business at the town of Dadeville, in said
county,) and to sell, arrange and compromise such interest
in said partnership, effects, property and debts, with the
surviving partners, or with any other person upon such
terms and conditions as he may deem to the interest of said
estate: Provided , That each of the said surviving partners
of the said Patton A. Wise, first files in the probate court
of Tallapoosa county, his assent in writing to the action of
the said administrator authorized by this section.

Approved, November 22, 1859.

No. 612.] AN ACT

To authorize the Governor to issue a patent to Thomas
Walker, of Dallas county, for certain school lands therein
mentioned.

Sec. 1. Be enacted by the Senate and House of Represent¬
atives of the State of Alabama in General Assembly, convened ,
That the Governor of this State is hereby authorized to
issue a patent to Thomas Walker, of Dallas county, for the
S. E. \ and the E. £ of the N. E. J of section 16, township
17 of range 7, in Dallas cou nty , conveying the titles to said
said land to said Tb^m&s Walker: Provided That the
Governor shall be satisfied .by the proof that the title of.
William Blevins, the vortginal purchaser of said land has
descended to or become vested in the said Thomas Walked
Approved, February 14, $860.

679

No. 613.] AN ACT

For the relief of Miranda Watson.

1859-’60

Sec. 1. Be it enacted by the Senate and House oj Represent -
atives of the State of Alabama in General Assembly , convened\
That Miranda Watson, of the county of Coosa, be, ana she
is hereby relieved from the disabilities and penalties im¬
posed by law on all persons against whom a divorce has
teen granted.

Approved, December 17,1859.

No. 614.] AN ACT

To pay the account of White, Pfister & Company.

Sec. 1. Be it therefore enacted hu the Senate and House of
Representatives of the State of Alabama in General Assembly
That the Controller of public accounts be, and he is here¬
by authorized to draw his warrant on the - treasurer in fa¬
vor of White, Pfister & Co., for the sum of one thott-
sand seven hundred and thirty-eight 45-100 dollars, to be
paid out of any money in the treasury not otherwise appro-,
priated.

Approved, January 24, I860,

JOINT RESOLUTIONS AND MEMORIALS.

JOINT RESOLUTIONS

Of tin* General Assembly of the State of Alabama providing for the
security and protection of said State by arming and disciplining the
citizen soldiery thereof.

Whereas it is the paramount duty of every well regulated State to

E rovide for the protection of its citizens in the enjoyment of those
leasings which a fr**e government is intended to secure, and to be pre¬
pared for the assertion of its just rights and the maintenance of its
institutions in any and every emergency ; and, whereas, the military
system at present existing in this State, is deemed wholly insufficient
to secure these great ends,

Sec 1 . Beit therefore resolved by the Senate and House of Represent¬
atives oj the State of Alabama in General Assembly convened, That a
joint committee of three Senators and three Representatives be ap¬
pointed who shall ascertain and report the amount of money required
to be appropriated for the purpose of arming, equipping and disciplin
ing an efficient corps of citizen soldiery in each county in this State,
and shall consider of and report a plan for the reorganization of our
military system, and the manner in which the sum recommended by
them to be appropriated can be rendered most beneficial in providing
for the protection and se urity of the State, by means of an efficient
military organization, i hat said committee inquire into the expedi¬
ency of establishing an arsenal and manufactory of arms at some suit¬
able poi n tin this Stat<‘, as also of the establishment of a military academy,
and report the probable cost of such establishments.

Sec. 2. Be it further resolved, That his excellency, the Governor,
furnish to the General Assembly, to be laid before said committee, the

682

quantity of arms and ammunition now belonging to the State, als » the
character of the arms and what disposition has been made of them,
and whether the State of Alabama has received from the Federal Gov¬
ernment the quota to which, by law, the State is entitled.

Sec. 3. Be it farther resolved, That in view of the important and
laborious duties imposed upon said joint committee they shall have
leave to set, while their respective bodies are in session, and shall, until
they complete their report, be exempt from serving on other
committees.

Approved, December 8, 1859.

PREAMBLE AND JOINT RESOLUTIONS
L T pon the subject of direct trade with Mexico.

Whereas, the valuable commerce of our nearest national neighbor,
the Republic of Mexico, has been diverted by the doors of our own
ports to Europe by the superior sagacity and enterprise of the Govern-
ment of Great Britain, which has long fostered the lines of steam com¬
munication to carry that commerce, lost to the United States by the
neglect of our Government to use the obvious means to secure it to
our own people ; and , whereas , the Gulf States of this Union as well
as the grain and provision States of the valley of the Mississippi are
deeply interested in the trade of the Mexican States, therefore,

Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened , That in the opinion of
this General Assembly the confirmation of and the participation by the
LTiited States in the contract lately effected between Carlos Butterfield,
a citizen of Virignia, and the Government of Mexico, for the estab¬
lishment of a line of mail and passenger steamers between Mobile or
New Orleans and all tbe Gulf ports of the Republic of Mexico, from
Brasos Santiago to Sisal in Yucatan, would tend directly to give to
American bottoms the bulk of that trade, instead of less than one-sixth
of it which they now enjoy, and would insure the introduction into
Mexican markets a vast amount of American products and manufac¬
tures. t

Resolved further , That in view of the importance of the
contract made by the said Butterfield with the Mexican Government,
our Senators and Representatives in Congress are respectively in¬
structed and requested to use all proper efforts to secure the concur¬
rence of the Government of the United States in said contract.
Approved, February 23, 1860.

683

JOINT RESOLUTION

Accepting tlie lands donated by Congresss to the Ely ton and Beard’s

Bluff Railroad Company.

Sec. 1 . Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened , That so much of the
lands, interest, rights and privileges as are granted and conferred in
pursuance of an act of Congress, approved June 3d, 1856, to aid in the
construction of a railroad from Ely ton to the Tennessee river at or near
Beard’s Bluff be, and the same are hereby accepted upon the terms,
conditions and restrictions therein provided, upon condition that said
lands be located and certified to this State upon a line in common with
the line of the Tennessee and Alabama Central Railroad direct from
Elyton to the Blount Springs, thence upon a line direct to Beard’s
Bluff, in this State: Provided , That nothing herein shall be so construed
as to prejudice the rights which auy other railroad company may have
under any act of Congress to any part of said lands.

Approved, February 9, I860.

JOINT RESOLUTIONS

For the purchase and distribution of Smith’s Alabama Justice.

Sec. 1 . Be it resolved by the'Senate and House of Representatives of the
State of Alabama in General Assembly, convened \ That the Secretary of
State be authorised and required to purchase from William R. Smith,
fifteen hundred copies of Smith’s Alabama Justice, revised edition, for
the use of the State of Alabama: Provided , That the same should not
cost more than three dollars per copy, and shall be as well printed and
bound as the revised edition of 1859, copies of which have been
exhibited by the author. \

Sec. 2. Be it further resolved , That the Se6retary of State be required
to cause the same to be distributed, one to each Justice of the Peace
in the State, in the same manner in which the Acts and Journals are
. required to be distributed.

Sec. 3. Be it f urther resolved , That the Governor of the State shall
certify the account for the amount of the copies delivered, upon which
the dontroller of Public Accounts shall draw his warrant upon the
State Treasurer for the amount so certified, which shall he paid out of
any moneys in the treasury not otherwise appropriated*

Sec. 4. Be it further resolved , That the expenses of distributing the
said book, and in carrying out the foregoing resolutions be paid in the

684

same manner as are the expenses of distributing the Acts and Journals
of the State.

Skc. 5. Be it further resolved , That the Justices to whom said book
may be distributed shall take good care of them and de liver them over
to their successors respectively upon going out of office.

Approved, December 5, 1859.

JOINT MEMORIAL

Of the Senate and House of Representatives of the State of Alabama

in General Assembly convened, to the Congress of the United States.

This Memorial of the General Assembly of the State of Alabama res -
pec-fully shoneth to your honouible bodies , That in consequence of an
error committed by the Register and Receiver of the General Land
Office at Greenville, one hundred and seventy-seven entries made by
divers good citizens of said State under the Act of 1854, entitled an
Act to graduate and reduce the price of Public Lands to actual set¬
tlers and cultivators have been recently -by the Commissioner,

It) the great detriment of said citizens, who entered said lands in good
faith, and in strict accordance with the letter and spirit of said Art,
for the purpose of acquiring homes for their families, and who, in the
pursuance of that object, have made permanent and valuable improve¬
ments thereon ; and that the grievance is so great, as in the opinion of
the General Assembly of Alabama, to ‘warrant their interposition, by
respectfully inviting the attention of your honorable bodies to the fol¬
lowing succinct statement of facts which have reached them in an au¬
thentic shape; 1st, that on the 17th of May, 1856, an Act was passed
donating lands to the Alabama and Florida Rail Road, and on the
same day the Register and Receiver at said office, were instructed by
dispatch to withdraw the lands lying within fifteen miles of said Road.

2d. That on the 19th day ol June, 1856, the General Act for the
benefit of other Roads was passed, and notice dispatched to said Regis¬
ter and Receiver to withdraw said lands; also, and on the same day a
letter was forwarded to said officers which authorised pre-emption en¬
tries of said lands, but which was by them construed to warrant the
sale of lands to settlers for actual settlement and cultivation, and under
which construction the entries in question were permitted, which un¬
der the decision since made by the Commissioners, have been cancelled.

3d. That the entries in question were made for the most part, by
persons of very limited means, who at once settled upon them, and
have ever since occupied them as homes, bestowing upon them much
care and labor, and adding very materially to their value, by building
upon and improving them, and that for this reason, the simple re-

funding the small sums paid for said Linda, would be wholly inade¬
quate to compensate said settlers tor the loss sustained by an uufortun-
ate error of Government o(lieers for which they are in no wise respon¬
sible, and against which they had no power to guard ; that said en¬
tries having been made in strict pursuance of the provisions of the
Act ol 1854, and their cancellation resulting in an entire defeat of the
beneficent policy embodied in it, converting so far as said citizens are
com-erned, a blessing into a curse, and a refuge into a ruin, the Gener¬
al Assembly ol Alabama, speaking lor this portion of its injured peo¬
ple, (et*l that they have strong claims upon the wisdom and justice of
your honorable bodies for such adequate and equitable reparation as
toe nature of the case may adm t of', and so feeling, they beg leave to
submit the following suggestions : 1st. Said one hundred and seventy-
seven entries were made both upon odd and even sections, while the
right of said Rail Road attaches only to the odd sections, there can be
therefore no obstacle to the passage of an act by Congress confirming
that p »rtion of said < ntries made on the even sections. 2d. Congress
can also by a new act donate to said Hail Road an equal number of
acres, within the same distance of the Road, on the even sections, which
Would doubtless be accepted in lieu of the lands on the odd sections,
entered by said citizens. Nearly all said entries were made upon larnis
donated to the Alabama arid Florida Rail Road Company, who are
selling said lands without estimating the value of the improvements,
and could not therefore be injured by such exchange. 3d. If said
Companies refuse their assent to such exchange, there is but one mode
remaining in which anything like complete justice can be done to the
unfortunate persons who have b^eu so deeply injured by the mistake
of the officers of the United States, and that is to assess the value of
the improvements made by said settlers, and to pay them such value
in money. The General Assembly of Alabama having thus laid be¬
fore the "Congress of the United States a statement of the grievance
complained of, and pointed out a practicable remedy, conclude by in¬
voking the early attention of your honorable bodies to the matter
herein vset forth, in the confident belief that their appeal in behalf of
these unfortunate people cannot fall unheeded upon wise, just and hu¬
mane law-givers.

Appkoved, January 11, 1800.

JOINT RESOLUTIONS

Calling a Convention in a certain contingency, in the election of a

President of the United States.

Whereas, anti-slavery agitation persistently continued in the non-
si a veholding States of this Union, for more than a third of a century,

686

marked at every stage of its progress by contempt for the obligations
of law and the sanctity of compacts, evincing a deadly hostility to the
rights and institutions of the Southern people, and a settled purpose
to effect tiieir overthrow even by the subversion of the Constitution,
and at the hazard of violence and blood shed, and whereas, a sectional
party calling itself Republican, committed alike by its own acts and
antecedents, and the public avowals and secret machinations of its
leaders to the execution of these atrocious designs, has acquired the
ascendency in nearly every Northern State, and hopes by success in
the approaching Presidential election to seize the government itself;
and whereas, to permit such seizure by thos whose unmistakable
aim is to pervert its whole machinery to the destruction of a portion of
its members would be an act of suicidal folly and madness, almost with¬
out a parallel in history; and whereas, the General Assembly of Ala¬
bama, representing a people loyally devoted to the Union of the Con¬
stitution, but scorning the Union which fanaticism would erect upon
its ruins, deem it their solemn duty to provide in advance the means
by which they may escape such peril and dishonor, and devise new
securities for perpetuating the blessings of liberty to themselves and
their posterity, therefore,

1. Be it resolved by the Senate and House of Representatives of the State
of Alabama in General Assembly convened , That upon the happening of
the contingency contemplated in the foregoing preamble, namely, the
election of a President advocating the principles and action of the party
in the Northern States calling itself the Republican Party, it shall
be the duty of the Governor, and he is hereby required forthwith to
issue his proclamation, calling upon the qualified voters of this State to
assemble on a Monday not more than forty days after the date of said
proclamation, at the several places of voting in their respective coun¬
ties to elect delegates to a Convention of the State to consider, deter¬
mine and do whatever in the opinion of said Convention, the rights,
interests and honor of the State of Alabama requires to be done for
their protection.

2. Be it further resolved , That said Convention shall assemble at
the State Capitol on the second Monday following said election.

8. Be it further resolved , That it shall be the duty of the Governor
as soon as possible to issue writs of election to the sheriffs of the
several counties, commanding them to hold an election on the said
Monday so designated by the Governor, as provided for in these joint re¬
solutions, for the choosing of as many delegates from each county to said
Convention as the several counties shall be entitled to members in the
House of Representatives oi the General Assembly, and said election
shall be held at the usual places of voting in the respective counties,
and the polls shall be opened under the rules and regulations now gov¬
erning the election of members to the General Assembly of this State,

687

and said election Bhall be governed in all respects by the laws then in
existanee, regulating the election of members to the House of Repre*
sentatives of the General Assembly, and the persons elected thereat as
delegates, shall be returned in like manner,and the pay, both mileage and
per diern of the delegates to said Convention, and the several officers
thereof shall be the same as that fixed by law for the members and
officers of said House of Representatives.

4. Be it further resolved , That copies of the foregoing preamble
and resolutions be forwarded by the Governor as soon as possible to
our Senators and Representatives in Congress, and to each of the
Governors of our sister States of the South,

Approved, February 24, 1860.

JOINT MEMORIAL

Of the General Assembly of the State of Alabama, to the Congress of
the United States, together with a resolution instructing our Senators
and requesting our Representatives in Congress, to urge the passage
of a law allowing interest on one hundred and three thousand nine
hundred and ninety-one dollars and twenty cents of the two and
three per cent, funds which accrued between 1820 and 1831, and
was improperly withheld from this State.

The Joint Memorial of the Senate and House of Representatives of the
State of Alabama in General Assembly convened , to the Senate and House
of Representatives of the United States of America in Compress assembled\
respectfully shows unto your honorable bodies , 1st, That by the 3rd clause
of the 6th section of the compact made with the State of Alabama on
her admission into the Union, 2d March, 1819, it is stipulated that five
per cent, of the net proceedsof the lands Ijing within the said territory
and which shall be sold by Congress from and after the 1st day of
September, 1819, after deducting all expenses incident to the same
shall be reserved for internal improvements, of which three-fifths shall
be applied under the direction of the legislature thereof (the State) and
two-fifths under the direction of Congress.

2nd, That by the 3rd section of the act of May, 1822, it is enacted
that the secretary of the treasury shall from time to time, and whenever
the guarterly accounts of public moneys of the several land offices in
the State of Alabama shall be settled, pay three per cent, of the net
proceeds of the sales of the lands of the United States lying within
the State of Alabama, &c. t “ to such person or persons as may or shall
be authorized by the legislature of the State of Alabama to receive
the same.”

688

o?d, That a subsequent act of Congress surrendered the two per
cent, lund also to the State.

4th, That under the foregoing stipulation and provision, tlw v United
Stut s made several adjustments of the accounts of lands sold in Ala¬
bama, and from time to nine allotted to the State certain sums allodged
to be the full amount due to tiie State. In 1848, the State had reason

to distrust the accuracy of those settlements, and her legislature passed
an act for the appointment of an agent to revise them. On this revis¬
ion at the treasury department, it was ascertained and admitted that

$103,20 which had accrued to the State between the years 1820
and 1831, had not been paid though unquestionably due; and tins sum
was therefore paid in January, 1850, as will appear by reference to the
records of Government.

5th, The State now claims interest on this deferred payment, freely
admitting that as a general rule, the Uni ed States are not liab'e t<» pay
interest, and ought not to pay it; yet the State, in common with all
the officers of the Government, and every Congress since '70, is also
aware that there are exceptions to the rule. It is undeniable that cases
occur iti which the principle and usage demanded the payment of in¬
terest by the United States as the due measure of justice. Numerous
precedents exist of this practice.

Alabama claims that hers is a case of this peculiarity. She asks but
that which is strictly just, although injured by the detention of moneys
which were hers by purchase and payment of consideration ; yet she
would silently submit to the loss, did she not also feel it right that she
should appeal to national justice. To it she does appeal, not for a favor,
but a right. A right if purchase and payment on the one hand, with¬
holding and injury on the other, combined with precedent, principle
and the highest usages of the country can create a. right against, a
power which is liable only through the spontaneous action of her own
representatives.

6th, This is a debt of an equal and a sovereign. It is founded upon
and arises under a treaty compact, for the act acmitting Alabama into
the Union, is in the nature of a treaty and is therefore entitled to the
usages appurtenant to compacts between sovereignties. Tne e distance
of tiie debt is make known by the treaty ; it is secured by law ex¬
ecutory of it. Tiie United States is bound to take notice of it, and
provide for its payment, as f >r any other national obligation.

And why should not the United States pay, and Alabama receive
interest? Her right to the principal was conceded, and it has been
paid. Her right to it thirty (30) years ago, has also been conceded.
Her demand of it, the injury inflicted upon her by its detention, the
errors of the United States, and their use of her money are alike un¬
questioned and unquestionable. Interest is at once the measure of
damage: the eqivalent to the one party for detention, paid by the other
for the use of money.

689

7th, Your memorialists, earnestly urge that the great principles of
justice be not powerless, when a nation is the subject of their applica¬
tion, and that the Government may not protect itself behind the doc¬
trine of the English crown that the “ King can do no wrong,' 1 and pray
your Honorable bodies to pass a law providing for the payment to the
State of Alabama of the inn re*t on the deferred payment of §103,991 20,
mentioned in tne fourth clause of this memorial from the time the
respective amounts making the said sum of $103,991 20 became due.
Resolved, That the Governor of this State, be requested to furnish
a copy of this memorial to each of our Senators and Representatives
in Congress, and that the former be instructed, and the latter be reques¬
ted to urge the passage of a law by Congress for the accomplishment
of the objects of this memorial.

Approved, February 27, 1860.

JOINT RESOLUTIONS

Of the General Assembly of Alabama in response to the resolutions

of South Carolina.

1st, Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened , 1st, Resolved , That the
State of Alabama, fully concurring with the State of South Carolina,
in affirming the right of any State to secede from the confederacy,
whenever in her own judgment such a step is demanded by the honor,
interests and safety of her people, is not unmindful of the fact that the
assaults upon the institution ot slavery and upon the rights and equally
of the Southern States unceasingly continued with increasing violence
and in new and more alarming forms, may constrain her to a reluctant
but early exercise of that invaluable right.

2nd, Be it further resolved , That in the absence of any preparation
for a systematic co-operation of the Southern States in resisting the
aggressions ot their enemies, Alabama, acting for herself, has solemnly
declared that under no circumstances will she submit to the foul domi¬
nation of a sectional Northern party, has provided for the call of a
convention in the event of the triumph of such a faction in the approv¬
ing presidential election, and to maintain the position thus deliberately
assumed, has appropriated the sum of $200,000 for the military contin¬
gencies which such a course may involve.

8rd, Be it further resolved , That the State of Alabama having
endeavored to prepaid for the exigencies of the future, has not deemed
it necessary to propose a meeting of deputies from the slave-holding
States, but anxiously desiring their co-operation in a struggle which
44

GUO

perils all they h->id most «i«*ar, hereby pledges herself to a cordial par¬
ticipation in any aid ewrv effort, which in her judgment will protect
the common saiety, advance the common interest, and serve the com¬
mon cause.

4-th, Be it further resolved , That should a convention of deputies
from the slave-holding Stales assemble at any time before the meeting
ol the rmxt General Assembly for the purposes and under the author¬
ity indicated by the resolutions of the State of South Carolina, the
Governor o( tins State be, and he is hereby authorized, to appoint one
(h puty from each Congressional District, and two from the State at
large, to represent the State of Alabama in such convention.
Approved, February 25, 1860.

AN ACT AND JOINT MEMORIAL

Upon the subject of selections of public lands to aid in the construc¬
tion of the Girard and Mobile Railroad.

Sec. 1. Be it enacted by the Senate and House of Representatives of the
State of Alabama in General Assembly convened , That the sections of
lands belonging to the United States, donated by Congress by act of
the 3rd day of June, lb56, to this State in trust, to aid in the construc¬
tion of the Girard and Mobile railroad, heretofore made by Urban L.
Jones, as agent appointed by bis excellency the Governor for that pur¬
pose, be, and the same are hereby set aside until the further action of
the Congress of the United States, respecting the same, and in answer
to the following joint memorial of this General Assembly to the said
Congress, which is hereby adopted, it being expressly understood that
this act rejecting the said sections is only conditional, and is to operate
alone, in the event that Congress at the present or the next succeeding
session, shall grant the prayer of this State, in the said memorial con¬
tained.

Joint memorial of the Senate and House of Representatives of the State
of Alabama in General Assembly , convened , to the Congress of the United
States: Your memorialists respectfully represent that under the opera¬
tion of this act of the 17th day of May, 1856, and of the 3rd day of
June, 1856, the former making a donation of public lands to the State
of Alabama, in aid of the construction of the Alabama and Florida
railroad, and the latter making a similar donation in favor of the Girard
and Mobile railroad, in consequence of the fact that the two roads cross
each other diagonally in the very heart of the public land region of the
State,making the territory within which indemnity selections as provided
in said acts shall be made common to both roads for a distance of about

691

sixty miles, and of the farther fact that the said act in aid of the Ala¬
bama and Florida railroad was passed some time previous to the pass¬
age of the other act, and the said indemnity sections made in its behalf
before the line of the said Girard and Mobile railroad was permanently
located from the old numbered sections within said common territory,
by reason of which, but little land of odd numbered sections for the
said distance of sixty miles was left to be selected by the s lid Jones, as
agent for the Girard and Mobile Railroad, and of the further fact, that
said agent was forced to make all his selections of either odd or even
numbered sections, and did choose the odd numbered sections, because
of a decision rendered by the Department of the Int rior, on the 28th
day of October, 1859, to the effect that as the agent of the Alabama
and Florida Railroad had selected the odd numbered sections within
the limits of the said common teiritory, the agent of the Girard and
Mobile Railroad could not select the even numbered alternate sections
within the same limits, or if he did, the said department would not
approve the selections made. The said Girard and Mobile Railroad
has failed to a very great extent, t > realize the benefits which your
memorialists presume were intended to be conferred upon it by said
act of the 3rd day of June, 1856. Your memorialists refer the Con¬
gress to its s-«id acts, and in order that justice may be done the said
Girard and Mobile Railroad without the delays and expenses which
would necessarily attend the judicial enforcement of the rights of said
last mentioned road, pray the Congross to pass a special act, to author¬
ize the said agent, on behalf of the Girard and Mobile Railroad, to
make his indemnity selections from the even numbered sections within
the said common torritory, and they will ever pray, &c.

Sec. 2. Be it further enacted, That a copy of this act and joint memo¬
rial, be forthwith forwarded by the Secretary of State, to each of the
Senators from the State of Alabama to Congress, and also to each of
the Representatives in Congress of this State, from the Barbour and
Mobile districts, with instructions to press this matter to a final decis-
sion as early as practicable.

Approved, February 21, 1860.

SECRETARY OF STATE’S OFFICE, )
Montgomery, Alabama, May 1, I860. [

I hereby certify, that the foregoing Acts, Resolutions, and Memorials,
are correct copies, corrected from the original rolls deposited in this
office.

JAMES H. WEAVER,

Secretary of State .

TABLE

Of the rotes of Interest in the States of the Union — compil' d in pursuance
of an Act approved February 18, 1848.

Maine .

. b

per cent.

; New Hampshire, . ,

...6

per

cent

Rhode Island ....

. 6

l Connecticut .

Massachusetts ...

. 6

Vermont.

. ...6

New York.

New Jersey..

. . .6

Pennsylvania . . ..

. B

Delaware .

. ..6

Maryland .

_ 6

Virginia .

...6

North Carolina. , .

. 0

South Carolina. . ..

, ..6

Tennessee ..

. 6

■

Ken tuck v ..

,. .6

Ohio .

. 6

Indiana ..

... 6

Illinois.

. 6

Georgia.

. , . {

Alabama.

Florida.

...8

Iowa.

Wisconsin.

...7

California.

...10

Minnesota.

. . /

Arkansas—Legal interest, 0 per cent.; conventional interest, 10 per
cent.

Texas—Legal interest, 8 per cent.; conventional interest, 12 per
cent.

.-.issouri—Legal interest, 6 per cent; conventional interest, 10 per
cent.

Michigan—Legal interest, 7 per cent.; conventional interest, 10 per
cent.

Mississippi—Legal interest, 8 percent.; on lent money, 10 per cent.

Louisiana—Legal interest, 5 per cent.; bank interest, six per cent.;
conventional interest, 10 per cent.

SECRETARY OF STATE'S OFFICE, )

Montgomery, Alabama, j

J. H. WEAVER, Secretary of State.

Certified to be correct

INDEX

TO THE

ACTS, JOINT RESOLUTIONS AND MEMORIALS.

♦

ACADEMIES—

See Incorporations.

ADMINISTRATORS—

Andrews, John M., deceased, Admx. of..,. 599

Bates, John C., deceased, administrator of. 607

Blood good, John, deceased, administrator of. 606

Davis, W. C., deceased, administrator of. 616

Kidd, Webb B., deceased, administratrix of.. 642

Kirksey, R. B. W., deceased, executor of. ... 643

Mitchell, Jacob, deceased, administrator of.. 652

Robinson, Wm., deceased, executor of. 657

Stewart, J, J., deceased, executor of.... 665

Vann, Elizabeth, deceased, executor of....... 581

John C. Waters, executor of.... 674

AFFIDAVITS—

Taking of, regulated.... ..... 71

AGENTS— '

Of Insurance Companies, regulated. 113

AMENDMENTS AND REPEAL OF ACTS—

Act to amend See. 2462 of Code, amended.. 27

To repeal act relating to rights and liabilities of R. R.. 98

Law in relation to public roads, amended. 99

Patrol law amended..;. 101

694

AMENDMENTS IN JUDICIAL PROCEEDINGS—

Affidavits, taking of, regulated.

Appeals, law in relation to, amended.

Assaults and batteries, trial of, regulated.

Attachment law, amended...

Chancery, amendments in, regulated.

Costs, law in relation to security lor, amended--

Criminal law, amended.

Homicides, to prevent...*.

Incest, more effectually to prevent the crime of.

Lands, law as to unlawtul detainer of, amended.

Slaves, law in relation to emancipation of, amended.. .

APPEALS—

Law in relation to, amended..

APPROPRIATIONS—

For fiscal years 1860-61.

To pay members and officers of General Assembly....

To pay expenses of illuminating capitol.

To supply Insane Hospital.• * • •.

For benefit of supreme court and State libraries.

To establish an institution for deaf and dumb.

ARMS, PUBLIC—

To be furnished to LaG range Military Academy.

To be furnished to Paul Dodson, principal and.

ASSAULTS AND BATTERIES—

To regulate the trial of...

ATTACHMENT—

Law of, amended .;..

Probate Judge may issue.

AUTAUGA COUNTY— M . .

Liquors, sale of prohibited within 3 ratios of Robinson s

Springs. .. ..y *.

Indigent sick, act to provide for, amended.

BALDWIN COUNTY—

Road law, act relating to in, repealed..

Oyster beds, act to protect citizens in* amended .

BANK—STATE AND BRANCHES—

Law in relation to, continued in force....

Detached halves of bills to be paid........ •.

Commissioner and trustee, office of continued.

-Eastern Bank—

Charter of. amended...

All banks may issue bills of less denomination than live

but not less than $1.... *

27
36
99
80
22
17
42
24
98

344

497

499

556

370

871

695

BAN KS—(Co $ itinucd.)

-Northkkn Bank—

Not to pay out notes of banks of other States after 1st

July next. .... 86

-Bank of Alabama—

See incorporations..... 355

BARBOUR COUNT » —

To graduate and fix the fees of Probate Judge. 500

BIBB COUNTY—

To regulate the pay of grand and petit jurors therein.. 43

BLOUNT COUNTY— '

To repeal in part an act therein named. 501

To regulate the pay of grand ami petit jurors therein 41
BUTLER COUNTY—

To amend an act therein named, as to Butler county... 500

In relation to hunting wild hog-. 500

BURIAL EXPENSES OF THE POOR—

To provide for the burial expenses of the poor. 46

BAILY, J. J.,—

To allow J. J. Baily to erect fish traps on Big Bear Creek,

in Franklin County.... 517

CALHOUN COUNTY—

To repeal an act to regulate marriage license therein.. 502
To authorize election county surveyor .............. 502

CHEROKEFCOUNTY—

To repeal an act therein named.. 506

To prohibit the sale <>t intoxicating liquors within one

mile of the town of Centre, in said county. 507

CHOCTAW COUNTY—

To repeal au act therein named, as applies to said

county....... .... v ...... 503

To locate permanently the seat of justice therein...... 503

To regulate the pay of grand and petit jurors therein... 43

CHATTOOGA RIVER—

To repeal the law declaring Chattooga river a public

highway...... 97

CODE OF ALABAMA—

To amend section 2235 of the Code................ 16

To amend section 399 of the Code................... 6

To amend section 3254 of the Code..... .......... 16

To amend section 1255 of the Code.j . ...... 17

To extend section 1738 of the Code................ . 18

To amend section 1473 of the Code............ .>... 18

To amend an act to amend sec. 2471 of the Code .,. *. 18

To amend section 2005 of the Code ................ 19

Section 2673 amended as to Montgomery county. 19

696

CODE OF ALABAMA—(Continued.)

Section 977 amended.

Section 2318 amended... .

Section 2313 amended.

Section 43 amended.

Section 3234 amended..

Section 2138 amended.

Section 3249 amended.

Section 383 and 384 amended..,.

Section 499 amended.*.

Section 1136-7 amended as to Monroe county.

Section 3196 repealed.

Section 496 repealed as to Winston county.

COFFEE COUNTY—

To amend an act to provide for the indigent sick in said

county.

To estabiisn a medical board in.

To authorize John Holly to establish a bridge in said

county.

To regulate the pay of grand and petit jurors.

CONECUCUCOUNTY—

To regulate the pay of grand and petit jurors therein....
COOSA COUNTY—

To amend an act to provide for the indigent sick therein
To authorize justice of the peace to appoint overseers...
To repeal an act therein named as to Coosa county....
To amend the mechanics lien law, in Coosa < ounty....
To authorize the commissioners court to make appro¬
priations for the relief of certain persons therein

named...

To amend section 499 of the Code, as to Coosa county,
To regulate the pay of grand and petit jurors therein...
COURTS, SUPREME—

To increase the salaries of the judges of the supreme

court...

For the benefit ol the supreme court and State libraries,

CHANCERY COURTS—

To regulate the holding of in Barbour county.

To change the place of holding of in Coosa county....
To create an additional term for the 26th chancery dis*

trict, northern chancery division.

To authorize an additional term for Jackson county....
To re-organize and fix the times of holding in tke middle

division.. .*

For the relief of the register in Sumter county...

To regulate amendments in...

109
17

110

499

509

499

510

512

514

518

697

CHANCERY COURTS—(Continued.)

To authorize the issuance of attachments from. 81

To transfer the countv of Covington to the county of

Butler.". 82

To give the 40th chancery district of the middle divis¬
ion jurisdiction in certain cases. 83

To change the times of holding the 37th district north*

ern division.,... 84

To authorize the State to "be sued in chancery. 23

CIRCUIT COURT—

To lay off and divide the State into eleven judicial cir¬
cuits. ,103

To fix the times of holding the courts for the seventh

judicial circuit... 84

To authorize judges to preside in their own circuits

without interchanging with each other. 85

To change the time of holding in Russell county in the

9th judicial circuit. 85

“ change the time of holding in the county of Talla¬
dega, in the 10th judicial circuit... 85

“ provide more effectually for the trial of certain cases

in the circuit courts of this State... 62

“ authorize the completion of the final records of in

Marengo county...*. 528

“ amend an act entitled an act to regulate the sessions

of, in Mobile county, approved February 5th, 1858. 548

CITY COURT OF MOBILE—

To amend an act, entitled an act to regulate the sessions
of, in the county of Mobile, approved February 5th,

1858.... ;v*.. 548

“ make the clerk of, elective by the people. 548

PROBATE COURTS—

To regulate the pay of jurors in probate courts..,*. 43

t( grant orders to lease lands in certain cases. . 68

“ authorize the issuance of attachments in certain cases 71
“ graduate and fix the fees of probate judge in Barbour

county...... 500

“ repeal an act regulating the same in Franklin county 518
u regulate fees of, in*Macon and Lowndes couniies.... 525

“ authorize probate judge of Madison county to act aau:

guardian ... A 526

u authorize the probate court of Mobile to grant license

for amusements, shows, &o... ... 649

“ allow the probate judge of Pike to take jurisdiction
of the estate of William McCullough.. 567

580

PROBATE COURTS—(Continued.)

u give tin judge of probate in Pike, jurisdiction of the

estate of William B. Ryle .

C( authorize the probate judge of Russell to sanction

division of slaves of Toliver Jones.

u authorize probate judge of .Russell to sanction and
confirm division of slaves of estate of Mathew Avery
u authorize probate judge ot Pike to take jurisdiction

of the estate of James S. Croswell.

Probate courts to order sale of lands of deceased per¬
sons when lands lie in more than one county.

Probate judge of Russell county to issue letters to Eliza¬
beth Vann.

COUNTY COURT—

To t e established in Montgomery county.

COMMISSIONERS’ COURTS—

To furnish blanks to tax assessors..• •

u make appropriations for relief ot certain persons in

Coosa and Franklin counties...

May build bridge in Franklin county .

Act in relation to, amended in Limestone county..

To relieve S. G. Tarrant, in Perry county.

“ build bridge a ross Cahaba river.

May levy special tax in Marshall county .

Refund money to A. C* Flewellen, of Barbour county

CORONERS— ' .

To authorize the coroners of this State to appoint baums

“ increase the fees of coroners... • * •

“ provide for the holding inquests by justice of the

il compensate surgeons and physicians for attending

coroner’s inquests.

“ regulate sales in Shelby county...

u costs, law in relation to security for, amended..,.

COUNTY TREASURERS—

To keep their offices within one mile of the court house

COVINGTON COUNTY—

To regulate pay of grand and petit jurors in.

CRIMINAL LAW—

Amended in this State .. ........

Incest, to more effectually prevent the crime of.

Homicides, to prevent.....

Keno, to prevent the game of,...

Liquors, to prevent adulteration and sale of. *.• * •

Lottery tickets, sale of prohibited..

582

600

609

581

564

518

517

5^4

571

§71

534

619

583

699

DALE COUNTY—

To regulate the issuing of executions by Justice of the

Peace of Dale county. . 512

Requiring the presentations of Claims. 513

To regulate the pay of Commissioners, in. 513

DALLAS COUNTY—

To regulate the fees of Constables in the beat and town

of Cahaba, in Dallas county.... . . 514

To amend the Mechanic’s Lien Law of Dallas county.. 514
To regulate the pay of Grand and Petit Jurors...... 43

Deaf and Dumb Institution established, for. 344

DeKALB COUNTY—

To legalize the establishment of beat No. 19. 516

To repeal a certain act therein named, regulating the

registration of claims in said county.. 516

To establish and define the line between Jackson and

DeKalb counties... ........ 523

To regulate the pay of Grand and Petit Jurors. 44

DIRECT TRADE-

lo encourage direct trade between the Southern States

and Foreign Countries.. 14

DIVORCES—

To divorce Elizabeth Lumley from her husband, and

other persons therein named.—^.. 119

Dennis L. Hawthorn from his wife Sarah Ann Haw¬
thorn, and other persons therein named. 120

Nancy Mitchell from G. W. Mitchell.. 121

Arthur Avery from 4 Ann A very, and other persons.... 122

Wesley Pinson from Susan Pinson, and other persons. 124
Sarah Nichols from Edward Nichols, and other persons 124
Jeremiah Smith from Margaret Smith, and other persons 127
Henrietta Earnest from Edward J. C. Earnest, and other *

persons.... .... . .. 129

ELECTIONS—

To regulate election districts and for other purposes... 44

ESTATES OF DECEASED PERSONS—

In relation to lands of deceased persons... 636

See Administrators and Executors.

-Eufaula—T o indemnify subscribers to railroad stock 197

*—-Eutaw—M ay take stock in railroads.. 246

ESTATES OF INTEMPERATE PERSONS—

For the more effectual protection of..... • 67

EXECUTORS—

See Administrators.

700

EXECUTIONS—

Issued bv Justice of Peace.

Levied on stock ot incorporations.

FAYETTE COUNTY—

To regulate the pay of Grand and Petit Jurors.

FKMA LKS—

To protect from insult and injury at Public Assemblages
FINKS AND FOPLJE.TrRES—

r Fo secure and collect the same, and for other purposes
FEAN KLIN COUNTY-

To authorize the Court of County Commissioners to

bail a bridge in Tuscumbia.

To allow Samuel Crosbie and J. J. Bailey to erect lish

traps on Big Bear Creek.

To repeal an at to regulate the Probate Court.

To authorize the Commissioners Court to make appro¬
priations for the relief of certain persons.

To regulate the pay of Grand and Petit J urors.„.....

GOVERNOR—

To loan arms and accoutrements to Paul W. Dodson, &c

To loan arms and accoutrements, &c.

To deliver up certain bonds therein named.. ....

To issue patent to Eli S. Thornton, Choctaw county...

To issue patents to heirs of T. Bradly.

To issue patent to W. J. Caldwell.

To issue patent in a certain ease.

To issue patent to R. S. Ueflin.

To issue pttent to Thomas Keliough.

To issue patent to Thomas Walker...

GUARDIANS—

To protect Guardians.

To authorize Guadians of non-aesident persons of un¬
sound minds to receive property, &c.

GULF OF MEXICO—

To cede to the United States title and jurisdiction over
a certain island in the Gulf of Mexico, &c., known as

Tower Island.

HENRY COUNTY—

Declaring Omursa Creek a highway.

To locate seat of justice permanently..

To prevent the sale of liquors within one mile, &c....

To regulate the pay of Grand and Petit Jurors.

HOMICIDE—

To prevent Homicide...*.

HOSPITAL, INSANE—

To make appropriation to supply with furniture.

512

fJbO

i o

517

518

112

602

613

627

639

643

678

558

560

563

701

HUSBAND AN WIFE- „ . , , , n

To annul an act entitled an act, fixing the mode ot con-

veving estates of....

INCEST—"

More effectually punish the crime or.

INCORPORATIONS—Academies and Colleges.

To incorporate Opelika...

Centerville. .

Tuscaloosa..

Six Mile.

Palmyra.

New Harmony.

Pickens.

Dayton. .

Prattville.

Male and Female.

Greeneville.

Ilaw Ridge.

Pc rote*.

Mount Hebrew.

Clayton.

Aberfoil.

Indian Creek. .

Plantersville.

Wood Lawn.

Lineville.

Octavia W. LeVert.

Pleasant Hill.

Wei born.

Montgomery Law School.

Autaugaville.

Medical College.

Hamner Hall.

Clintonville.

Spring Hill.

Deaf and Dumb.

ACADEMIES—Amended—

To arneud charter LaGrange.* . ..

To amend charter East Alabama College.... ********
f p 0 amend an act to incorporate East Alabama College

To amend an act to incorporate Glenville....

To amend an act to incorporate Howard College.•

To amend an act to incorporate Fayetteville.•

CITIES AND TOWNS—

To extend and define the limits of Selma.

To incorporate Six Mile Town.....

314

315

316

317

318

319

323

324

325

327

328

329

330

332

333

335

336

337

338
338

340

341

342
242

347

348
351
508
577
344

315

821

321

331

336

839

377

378

702

CITIKS AND TOWNS—(Continued.)

To incorporate Eikeville. 38L

Oxford. 883

M<»nte valla. 385

lYrote. 890

] ,o u n«h\sboro. . 894

lUckford..... 3’9 8

NrWtK.TIl. 49‘j

Troy. -1(0

New China Grove.. .. 407

CITIES AND TOWN—Amkxoep—

To amend charter of Dayton. 897

G reenesboro. 410

Athens. 411

Huntsville.*. 412

Union Springs. 412

Talladega... T. 413

Ganesviile. 414

Troy. 414

Dadeville. 415

Marion. 415

Cahaba. 420

Cah a Da .. 421

S“ima. 421

Weturnpka. 433

Eufnula. 484

Opelika. 435

Montgomery. .. . -.436 -7-8

Dernopolis. 440

Rodgerville. . .. 441

INSURA NCE COMPA NIES—

To incorporate Columbiana. 139

To amend charter of Weturnpka. 143

To incorporate Marine. 149

To incorporate Tuscaloosa. 153

To incorporate Opelika. 153

To incorporate Alabama and Exchange, at Tuskegee.. 150

To incorporate LaFayette. 158

To revive charter of Merchants Insurance Company... 161

To amend charter of Mobile Marine Dock, &c. 162

To incorporate Troy.,. 166

To incorporate Greenville... 169

To incorporate Jacksonville. 172

Supplemental to the above. 176

To amend charter of State Mutual. 176

To incorporate Eutaw. 177

INSURANCE COMPANIES-(Continued)

To incorporate Livingston. 180

To incorpoaate Planters and Merchant. 182

To amend charter of Alabama. 186

To incorporate Union. 187

To revive charter Mobile livestock, &e. 494

To incorporate the Cahaba... 190

INSURANCE COMPANIES—

To regulate agencies of. 113

MILITARY COMPANIES—

To incorporate Southern Military Academy. 130

Sundry Volunteer Companies. 132

Ma j ion Rifles... 135

Renton Guards. 136

Coffee Riffles.. 137

Metropolitan Guards. 138

Montgomery Mounted Riffhs. 371

Henry Grays. 372

Southern hire*Arms Company. 373

Columbia True Blues. 374

MISCELL AN EOUS —

To incorporate the Mobile Magnolia Association. 352

Coosa Navigation Coal Mining Co.. 353

Southern Fire-Arms Company... . 373

Coosa Medical Board. 390

Alabama Baptist State Convention. 396

Commercial College of Montgomery 398

Selma Fire Company. 419

Randolph Mining&M. Co. 442

M o n t gorn e r y. 444

Agricultural & Horticultural Society 445

Book and Tract Society. 446

Central Warehouse Company. 447

Lauderdale Manufacturing Company 448

Board Botanic Physicians in Blount

County .. 450

Pine Grove. 451

Hook and Lacier Company. 452

Eureka Mining, &e. 455

Tennessee Valley Agricultural, &e.. 457

To revive an act incorporating Bibb Steam Mill Co.... 457

To incorporate the Grand Lodge of Alabama. 458

Bienville Hotel Company. 460

Mobile Hebrew Association. 463

Samaratan Society of Mobile. 464

Mud Creek Camp Ground. 465

704

MISCELLANEOUS—(Continued.)

Greeneville Hotel Company..

Talladega Marble Company.

Limestone Stock Agricultural, &c...
Trustees of Methodist Episcopal
Church South at Montgomery...

To amend charter of Selma Gas Company.

To incorporate trie Talladega Exchange.

Eastern Shore and Mobile Steamboat

Company. .

Mobile and Ohio Telegraph Co....

Alabama Sewing Machine.

Huntsville Gas Company.

Montgomery Plantation Goods, &c..

Southern Express Company.

Mobile Turner Community.

South Alabama Manufacturing Co..

Mobile Wine Company.

Cemetary in Tuscaloosa.

Fair Mount Baptist Church.

Medical Board in Franklin county.
Ala. Presbytery of Cumberlain Pres¬
byterians .

Moritg’ry Race Course Association..

Walker Springs Company.

To amend charter of Shelby Lime Company.

Medical Board Cherokee county..
North Alabama Telegraph Co....

Mobile Omnibus Company.

Montgomery Gas Company.

Broad Street Hotel in Selma.

Medical Board in Coffee county..
Catholic Female Charitable Soci’ty

INCORPORATIONS—Rail Roads—

To incorporate South Western Railroad Company ....
“ “ Pickensville Branch of Mobile and Ohio

Railroad Co...

To incorporate Colurnumbus and Florence R. R. Co.
extend to Opelika and Oxford provisions, &c. ...
incorporate the Georgia and Alabama R. R. Co...

Columbus and Fayetteville R. R. Co..
Montgomery and Eufaukt R. R. Co ..
Opelika and Ta’ladega Railroad Co ..
Carrollton and Eutaw R. R. Company
Montgomery and Selma R. R.

Western Rail Road

465

467

469
414
157

470

471
473
475
478

480

481

482

483

484
486
486

488

490

491

492

493

494
496
509
320

198

199
143

205

206
217
224
231
239
247
253

705

INCORPORATIONS—Railroads—(C ontinued.)

To incorporate Mobile and Spring Hill R. R, ** 263

“ “ the Mountain Railroad <c 274

“ revive Eagle Railroad and Lumber “ 276

“ incorporate the Tuskegee Railroad “ 285

“ " “ Troy> “ “ 296

“ revive West Point Georgia and Tenn. R. R. “ 298

“ revive Tallapoosa and Coosa Railroad " 299

“ amend charter Alabama and Georgia Railroad “ 299

u “ charter of LaFayette Branch “ u 804

“ u “ North-East and South-West “ “ 804

“ “ right of way Nashville and Chattanooga

Railroad Co. 806

u amend charter of Selma and Gulf Railroad Company 806
“ 4 * “ Cahaba, Marion and Greensboro R.

R. Company... 312

“ amend charter of Marion and Cahaba Railroad Co. 811
“ amend charter of South and North Ala. R. R. Co. 313

<l “ 4 Northwestern.. 807

•-Banks—

Bank of Alabama. 355

INSANE IIOSPITAL—To supply with furniture, &c. 65

INSOLVENT WHITE PERSONS—

For the benefit of, confined in jail...*. 72

JACKSON COUNTY—

To locate seat of justice, in... 519

Amendatory of act, approved, 17th December 1859... 521

To amend the road law in i. 521

To authorize owners of mills them* to grind for 1-6 toll 522

To define line between Jackson and DeKalb. 528

To compel owners of mills, &c* .... 84

JAILORS—

To compensate for prisoners who have escaped..... 62

JEFFERSON COUNTY—

To prevent the sale of liquors near Salem Church. 559

Amend an act of December 16th, 1851.... 659

JOINT RESOLUTIONS AND MEMORIALS—

Of General Assembly providing for the security and

protection by arming and disciplining citizen solders 681

Upon the subject of direct trade....... 682

Accepting donation of land by Congress, to Ely ton and

Beards Bluff railroad........ ....... *..... 688

For the purchase of Smith’s Justice........688

To the Congress of United States...i.. 684

Calling Convention in certain contingency....... 685

706

JOINT RESOLUTIONS AND MEMORIALS-(Continued)—
Of General Assembly to Congress, instructing our Sen¬
ators and Representatives, to urge the passage of a
law allowing interest on one hundred and three thou-
sand nine hundred and ninety-one dollars and

twenty cents of two and three percent.

General Assembly in reference to South Carolina.

Upon the subject of lands to aid Mobile and Girard

Railroad company.

JUDGES OF SUPREME COURT—

Salaries of, increased.

JUDGES CIRCUIT COURT—

Judges to preside in their circuits.

JURORS—

To regulate pay of in change of venue.

To regulate pay of Grand and Petit.

To regulate pay of in Probate courts.

KENO—

To prevent the game of......

LANDS—

To accept and carry into execution the trust con¬
ferred, &c.....

To secure to the State of Alabama the benefits of an
act of Congress, by which the swamps and over¬
flowed are secured, &c.

To carry into effect an act of Congress, approved 22d

June, 1854. .. .....

To secure to the State of Alabama, the lands appropri*
ated to the States of Arkansas and other States^to re¬
claim swamps and overflowed lands..

To provide for the sale of lands purchased by State for

Taxes ..

To amend the law in relation to unlawful detainer of
Lands of deceased persons in one body, but in more
than one county may be sold by decree of Probate

Court.... ... ........ .....

LAUDERDALE COUNTY—

To amend section 499 of Code as to Lauderdale county

To regulate the pav of Grand and Petit Jurors in.

LAWKENCE COUNT’S?'—

Tr regulate the pay of Grand and Petit Jurors in.

LIMESTONE COUNTY—

To authorize the building of bridges in.

To amend an act tberin named as to court of Commis¬
sioners .....

To regulate the pay of Grand and Petit Jurors in.....

587

689

690

108

117

13
. 8

636

523

524
42

707

LIMESTONE COUNTY—(Continued)—

To prohibit the sale of liquors within certain limits.... 524

LIQUORS ADULTERATED—

To prevent the adulteration of. 70

LOTTERY TICKETS— ^

To prohibit sale of in the State of Alabama. 42

LOWNDES COUNTY—

To regulate fees of Probate Judge in. 525

To pay witnesses and costs in Lownds county. 525

MACON COUNTY—

To regulate the fees of Probate Judge in. 525

To regulate the pay of Grand and Petit Jurors. 43

MADISON COUNTY —

To authorize the Probate Judge to act as Guardian... 526

To regulate the working of a certain road therein.... 526

To prevent the sale of liquors within three miles of

Triana. 527

MARENGO COUNTY—

To compete the final records of circuit court therein.. 528

To repeal the road law as to certain townships. 528

MARION COUNTY—

To locate the seat of Justice*.. 531

To appoint commissioners to examine public offices.. * 531

To consolidate the offices of Collector and Assessor_ 532

To legalize aud confirm payments by Tax Collector... 533

MARSHALL COUNTY— ” ”

In relation to practice in Justice Courts in.. 533

To regulate suits before Justice Courts in. 533

To prevent the increase of Paupers in. 534

Commissioners Court, by a special tax in,.. 534

To settle the term of office of County Treasury in.... 535

To repeal an act as to.... 564

military"— r;

To provide efficient organization of.. 36

LaG range to be furnished arms.. 90

Educatition of twoyoung men in each county provided

for...*. ... 91

MILLS-

To compel owners in Jackson county to make good meal 34

To authorize erection of Water Grist Mills which grind

for toll.......... 47

MOBILE COUNTY AND CITY— .

For improvement of Bay and Harbor Of.... ... 535

Commissioners to elect inspector of sawed lumber.... 545
To provide for collection of city taxes in....... 546

708

MOBILE COUNTY AND CITY—(Continued)—

To amend an act regulating sessions of circuit and

city courts...

To make the clerk of City 3 Court elective by the peaple
Probate Court to grant license to shows, &e., in........

Commissioners of Kevene to make additions to jail in..

To appoint gem-ral Administrator for.

To regulate juricdiction of Justice Peace in.

To abolish and establish election precincts in.

To re-enact an at therein named......

To amend the law relative to Savings company of.....
Amendatory of an act to protect the citizens of Mobile

and Baldwin in oyster beds.

To establish and define boundary line between Mobile

and Washington counties.

Declaring streams public highways.... ..

MONTGOMERY COUNTY AND CITY—

To pay witnesses and costs in certain cas ' 8 ..... , ....

To establish County Court for.

To authorize Sheriff to make return of election......

In relation to fees of Justices and Constables in Beat

No. 4 and 5.

To increase the pay of jurors in.

To amend section 2674 of the Code as to.

Authorize city to aid South and Norfcn Alabama 11. 11.
MONROE COUNTY—

To regulate the pay of Grand and Petit jurors, in.

To amend sections jl136 and 1137 of the Code as to..
MORGAN COUNTY—

To regulate the pay of Grand and Petit Jurors in....
MUSCLE SHOALS—

To dispose of the Masonry ank fixtures of the same..
NEGROES FREE—

May select master and become slaves.

Ned Atkins to become a slave.

Lucy Green and Cora.

Charles Short and others...

NEWSPAPERS—

To provide and secure same for the use of courts in each

county in the State..

OWEN, JAMES II—

To extend his 16 th section debt...

Patrol law—amended...

PERRY COUNTY—

To prohibit sale of liqurs within one mile of Perry ville
Commissioners Court to relieve L- Y. Tarrant*.......

it « to build bridge over Cahaba river

518

548

551

553

554

555

556

558

525

564

568

.568

570

193-4

109

599

623

662

101

671

571

671

709

PICKENS COUNTY—

To increase the pay of Witnesses and Jurors. 570

To amend the Patrol law in.. .,. 572

Justice of the Peace to appoint apportioned of roads.. 573

To permanently locate seat of Justice in. 575

PIKE COUNTY—

To amend an act to provide for the indigent poor in.. 499

To amend Mechanics’ lien law in. 514

Probate Judge to take jurisdiction of Win. McCullough

estate. 567

Interulent of Orion Justice Jurisdiction.*. 578

To divide Valley beat. 579

Probate Judge jurisdiction of Wm. B. Kyles estate/.. 580
To prohibit sale of liquors within one mile of Clay Hill 580
PORT WARDEN—

To be appointed in Selma. 406

PROCESS, CIVIL—

To authorize the issurance of on Sunday in certain cases 45
PROPERTY EXEMPT FROM LEVY AND SALE—

To exempt certain property from levy and sale. 49

RAIL ROADS— *

To authorize the city of Montgomery to aid South and

North Alabnrnba Railroad. 193-4

“ authorize the city of Eufaula to indemnify subscri¬
bers, &c.. 197

“ define liabilities of Mobile and Girard. 223

“ authorize railroads to execute mortgages. 223

“ “ Savannah, Griffin and North Alabama to

extend their railroad, &c. 236

u authorize Eutaw to take stock in' railroad. 246

u enable Mobile to grant privilege to construct railroad

within corporate limits.... . .. 261

“ authorize Selma to subscribe for rail road stock_ 271

** “ Tuscaloovsa to subscribe for stock.. 284

“ compel the Nasffvijle and Chattanooga to drain ponds 291

a extend time of payment of Mobile and Ohio. 292

“ authorize the Georgia Western R R. to extend, &e. 294

Supplemental to an act to authorize Mobile to aid.... 294

To compel Alabama and Florida R. Ii. to drain ponds 295

“ authorize Wetumpka to aid.... 210

“ repeal law in relation to liabilitieso f stockholders.. 98,

ROADS, PUBLIC—Law irl relation to, amended. 99

ROAD, TURN PIKE—

To regulate toll on Monte Sano... 196

“ incorporate Huntsville Big Cove.. 277

“ * “ Russellville and Tuseumbia.......... 213

710

ROADS, PLANK AND SHELL—

To amend an act for the construction of. 352

“ incorporate Magnolia association, Mobile Bay Plank

and Shell Road, &c... 352

RANDOLPH COUNTY—

To repeal in part an act therein named. 502

To regulate the pay of Grand and Petit Jurors in. 43

To exemp Justice oi the Peace and Constables from

working roads... 581

RELIEF ACTS FOR—

Martha Adams. 598

John M. Andrew. 599

Ned Atkins. . 599

William Aldridge. 601

A. J. Brown.... 601

J. L. Bunch. 602

Heirs of Terry Bradley.. ..... 602

Phillip Barton’s creditors. 603

Widiam A. Bishop. 604

William J. Bracewell. 604

Dyer T. Blythe. 604

Thomas Brewer. 605

W. B. & A. R. Bell & Co. 605, 607

Britton & DeWolf.... ....

John Rloodgood.

Wm. H. Burnett.

J. E. Belser.....•

James H. Clanton.

II. C. Childress.......

Thomas Cochran.....

Green S, Cox....

Certain persons therein named..

A. M. Creagh.. ..

Robert Curtis..... ..

W. J. Caldwell ...: .

C. S. Collins..

Green W. Cole..

Nicholas Davis..

Louis Dolive..

.Alice G. Dugger...

William C. Davis......

Robert Dougherty... • * ••

E. S. Dargan......

Adeha Echols. ..*••%•«*. • *. *. •* *.....

James Eddins...

Wm. Fowler and others . ,...

606

608

668

610

611

612

618

614

615
608
609

615

616
616
668
617

617

618

711

RELIEF ACTS FOR-(Continued)

Elmira Foster... *. 619

Marcus Flournoy. 620

Isaac Franks and others. 620

Hannah Furgeson. 621

Malcey Floyd. 621

David Gardner... 622

William Gilmer. 622

James Guild. 623

John P. Gates. 625

M. M. George... 625

E. C. Green. 526

William E. Gilbert. 527

“ “ . 628

F. Glackmyre.... 628

Heirs of William Hawn*. 629

R C. Howie. 629

E. M. Hastings and others... 630

J. C. Hailey. 630

Daniel K. Hunter. 631

Barwell Haddox. 631

Harris and Hoyett.. 632

Bolling Hall.. 632

Thomas M. Hill.. 633

Samuel S. Harris. *.. ... 635

William Houston ... 635

Mary A. Hammock, i. 636

Henry County, tax collector, relief of... 636

Dennis Hodges... 637

Charles 11. Hobbs...... 638

Aaron Harlan....... 638

John Irwin... i ... 639

John Jeter.. ................ 639

Sowefl Jenbings^.. 640

Burnell Johnson... 640

Malcey Jones... 621

W. W. Jemison.. 641

W. J. Kennedy. 644

Webb B. Kidd., X... 642

Thomas Kellougb. *.... 643

Foster M. Kirks^y.. 643

William J. Keqedy.. 644

Cherry Keys.... .... T .. 644

M. J. Ledbetter.... 641

John Lambert., .. ... 645

John A. Lodor....... 645

712

BELIEF ACTS FOR—(Continu d)—

E. B. Lott. 646

C. F. Lewis... 646

Gray Little.... .. 647

Daniel Lankford. 648

Green Loveless.. 649

Robert Lewis. 649

Seth Mabry. 630

Mary E. MeBryde. 649

II. B. MeVey. 650

Daniel G. Mays. 650

Stanford Mims. 650

John S. Morange... 651

Jaco b i\| i teli el 1. 652

Washington F. May.. 652

Washington C. McMahon. 652

William H. Nevill. 651

Richard Norton. 653

Benjamin F. Noble. 653

Dr. F. H. Newman. 654

P. Phillips. 668

Levi Pike. 654

Charles H. Patton. 655

Reece Price. 656

William Robinson. 657

W. F. Rose..,.. 656

Jane L. Reed.. 658

Joseph Ritter... 659

Heirs of M. Rembert. 659

Chapman Roberts. 658

Children of J. Stewart and Rose Stewart, 660

George W. Thrash. 661

Martha Ann C. Shaw. 661

Eli Shorter and others. 663

Heirs of John E. Sentell... 663

John fi. Spotswood.. . 664

Dennis Springer.. 664

John W. Shepherd...,. 666

Morgan Smith.. 667

J. F. Smith. U . 668

Owners of fish traps. , 669

Evaline A. Tichnor.. 669

Sarah Tin del. 670

John Varner and others.. ... . ' 698

G. M.C. Weems.. 611

John J. Woodward,,..... 670

713

BELIEF ACTS FOR—(Continued)—

J. W. Wesson and others.

B. West.

Children of George Walker..

W. W. Waller. .

John C. Waters.

J esse B. Wal lace..

John G. Ward.

Eli Watts.

Thomas Walker.

Mirando Watson.

R. G. Welch ..

Lewis Wetherspoon.

Lewis White.

P. A. Wise.

W. A. Wilson ...

White, Pfister & Co..

u u u

G. T. Yelverton..

REVENUE—

To construe revenue law in certain cases therein named
Direct trade to incourage between Southern States and

Foreign countries..

RUSSELL COUNTY—

To issue letters testamentary without bond in a certain

case.

To regulate sale of liquors near Villula.

Judge of Probate to sanction division of slaves of T.

Jones.....

Judge of Probate to sanction division of slaves of

Mathew Averett.<.

SCHQOL SYSTEM -

To amend an act to render more effectually the system

of free public schools in this State.... ..

Deaf and dumb...... ..., ....,.

SELMA— . ,

May subscribe for railroad stock...

Appoint port warden. .......

SHELBY COUNTY—

To regufate the sale of liquors in beat No. &..

“ prevent the sale of liquors within certain limits....

u u a V : it Ci v u

“ divide into commissioners districts. *..

SHEPHERD, JOHN W.,— •

Compensate for services ......... ..i...............

671

672

673

674

675

676

678

679

673

674

677
677
674
607
679
667

581
682

582
600

344

271

406

688

684

685
696

666

714

SHERIFFS—

Compensate sheriff Macon county. 646

Of Montgomery county to make return of all elections, 568

Of Shelby county, to regulate sale. 583

Duties of in case of insolvent white persons. 72

SHOWS—

To exempt from certain penalties on fair grounds. 48

SIXTEENTH SECTIONS—

In reference to the sale of sixteenth section. 92

To extend the debts of sixteenth section. 93

To extend certain notes township 1 2, range 6, Chero¬
kee county... 93

To legalize sale of and provide for re-sale of township

18, range 19 . 94

To revive an act therein specified. 95

To carry into efiectact of Congress in lieu of 16th sec¬
tions within 12 mile square reservation. 108

For the benefit of inhabitants, township 4, range 9,

Lawrence county... 112

To amend an act as to township 14, range 13, Lowndes

county. 112^

In relation to 16th fund, efficient security of the same 101

James H. Owen to extend 16th debt.* 34

STOCK—

To prevent the killing of by dogs. 45

SLAVES—

To amend the law in relation to the exemption of.... 28

SL CLAIR COUNTY—

To prevent the sale of liquors within certain limits.... 585

SUMTER COUNTY—

For the preservation of game in.. 586

To regulate the pay of grand and petit jurors. * 43

SURGEONS AND PHYSICIANS—

To compensate for attending coroner’s inquests. 52

TAX AND TAXES—

Better to secure the collection of certain taxes. 5

To prevent double taxes in certain cases. 6

To regulate taxes on lands granted by Congress. 7

To impose a tax on peddlers.... 8

To equalize taxes on goods sold in this State,........ 12

To provide the more effectual collection in Mobile.... 546

TAX COLLECTORS AND ASSESSORS—

To make the official bonds of operate as a lien on his ,

property for the county revenue... 5

To legalize and confirm the payment of in^acon co., 533

To provide for sale of lands sold by the State for taxes 13

715

TAX COLLECTORS AND ASSESSORS—(Continued.)

For the relief of Daniel 0. Mays, Greene county.. .... 650

John Lambert, Tallapoosa county.... 645

E. B. Lott, Mobile county... 646

Chapman Roberts, Lawrence county.. 658

Collector ot Henry county. 536

Covington county. 665

Assessors to be elected by the people in each county.. 52

To consolidate the offices of in Marion county. 532

TREASURER OF STATE— *

To purchase fire-proof safe.. 49

To pay half bills of State Banks. 88

THREE-PER-CENT. FUND—

To loan and appropriate the three-per-cent, fund and

interest... 54

To loan a part of, to Union town and Jackson, and

Selma and Gulf Railroads. 110

TWO-PER-CENT. FUND—

To reinvest a portion of the two-per-cent, fund. 31

collect and loan a portion of the same. 35

TUSCALOOSA—COUNTY AND CITY—

To make valid in law, certain proceedings by voters.. 587
“ “ “ “ “ 588

To prevent the sale of liquors in New Lexington, and

in beat No. 2, west of North river. . 588

City may subscribe for railroad stock. 284

UNIVERSITY—

To amend sections 383-384, of Code as to.. 25

To establish military department in... 25

To establish law department in.. 342

To establish medical department in.... 348

WALKER COUNTY—

To authorize M. P. Leath to erect mill-dam across Wolf

creek. 593

To repeal an act therein named as to apportioned.... 593

To compensate bailiffs. 593

To allow qualified voters to elect surveyors........ 594

To regulate road law. 594

To repeal the law establishing commissioners’ districts, 594
WASHINGTON COUNTY—

To define and establish boundary line between, Mobile

, and Washington... ... v .. ..... 556

To establish a certain ferry therein named %... 589

To amend the road law therein...... 590

To declare Bassett’s creek a publiq highway......... 590

To locate the seat of justice in ...,. ; V .. 590

716

WETUM.PKA, CITY OF—

May take stock in S. and N. Ala. R. R. and B’k of Ala. 210
WIDOWS—

To put the widows of deceased persons upon an

equality with other distributees... 48

WINSTON COUNTY—

To provide for the building of a new court house.... 59

To legalize late election of clerk of the circuit court.. 59

To divide into commissioners’ districts... .. 59

To amend an act to locate cqunty site. 59

To amend sec. 496 of the Code, as to Winston county, 11
WILCOX COUNTY—

To repeal an act therein named as to Wilcox count,.. 20

WITNESSES—

Act amended requiring personal attendance of. 20

ERRATA:

On page 18, in caption read lands for “ bonds (
On page 36 in act No. 44, fifth line, read opprobrious for “ approbn •
s."

On page 161 in caption of act No. 161, revive for “ review."

718

cd3

r _ i

l-P

1_I

f”

Cm3miS

! 2|

H«

r£

£-4

•H

C—

(—> 1

K-

fa.

>—<

c n
w

x-*<

t—t
Xjl

K^4

i b

C ^ 2 b ! ^ ft

w ,1 , 4 —t <“t —

I ft *-*-*; /“s

t/5 J ft xi» rf) tj) CS C' £2 jH

~' -y . . yj ■, -S

: :

C *

ft i

»—*" .

x> *

->y .

> :

^ :

r—

fak *

‘ : o p :

tf).

O X

^ o

_c3

5 O

-v

■fa '"p

""t ft
<3 s5
_* ft
P O

!>fe

.1= ft ^
jftO

r*i

c X

X> ft

S—

ft f*i

ft rv
*•*<* **•«
,^s M

fa' .

fet >

bfj ft c

ft C fa*

IT** —* O

75 O ft 55 ^ r*

22 -4 M X; &

a: ft
ft &

9 J2

ft rfa

ft ft

^ 4 J

O ^

ft ft
ft ft O

ft
ft

C O ft

ft fcO o
fa?

faJ

O <3

u~<

•x p$ a c5..oca ; j$ o.

ft ft
+-' ft

ft c>
ft °

do W

* fa

^ P

„* «
fa
fa OO

4*i>

*5 o

«f4P

ft
ft
r/j

j _* •—
_ t_ ft • r*

1-S^I

c Is ^ ^

n ft , . *

ft
£

2
CD ft
^ o

t I *—A

P3’d

ft PP
bC *.

o H/
ft .

*£

a «

p o

Jx Q

S X’sHH

aM^

^ CO

. it ft
u g

• • c2

EnOh

: np
p p
o C3

4-> r—i

f* —* ^

• S >

5 0

LIST OF SENATORS, WITH THEIR POST-OFFICE AND DISTRICT- -rontinnof].

719

a
o

W «r-t

ofe eobm o&r*

. -.2 • , • So ..>d

. r . --. $ ..'"o~ : "

1-s <«j P <j p? f4 O P# p4 OQ K p$►? 6* P H

720

o •
*

> „ C }>* *> * <D 2 2 c '

« ? >iO c; c (H tl

^ c3 o1r < C OGrt<l-^ > ,

o o c v- ^ -- o a O 3

H b- JJ ° 3 5^ 3 3

*3 **£ . -i r . /W <- —\

jHjg S^Q

CO CO X CQ
0> o w 0J

> > > >

e g g a

o <D 43 43
CO OO W CO

C CD

a; y
rv-»

a? r

cs O

g-”*
m e*

i-2a? c
43
ci^

QLi

« o

n £
43 >—«

T3 ££)

G jj

03 t-
43 X>

yj • - ^

,x *-.
*-. 43

3 33
r** r ✓"

5DC f.

43 c 3

H 2 J
*■—< ,

c5 w

:—■ Tf}

f”* «■» 2

t-« -* r A

3 O =3

v: CL i-j

* r O M

• •••-'•■* •

, _ r* • «■> &0 -3 £■*

_< ^ :: 3; JG =3 3

?. K? J: OT ~ hS 2

f-L .- ., (*-0 -«• ,—-. 3 t~»

- V r 3 C3 O c3

5 Q '.) £i Q L O CQ

• 43
co to
3 TJ

43 J^.^D ^

k6<%

«d^ 1

3j »—■< i-1 •“—• _o

’ -J —J **—~l

<2 5 <U 'T

3 ^ * • u-J

g oPH^

m3 • ■ _

• 3
3 O

03 «3

* *

o o

^PQ

PQO

® 2 £ CpQ gtt Q

-o~i £ £ , r *■£

cs 2 O O Hi ££&=< ^3

pPr^pqcq «^ 3 U
CMSH J

feo

O OC

^ rf
! ^3

<5o

«u_i

r Qj

's^ f 1 I

721

£ i

; — *

■ w "TX Q- f** C/j

1S2|«^o g
>»-SL e .=•* 'p ^s a

T3 2; O -»-•

• v Tt r+ •— -v, . i; -/

ooo^oap^o^n^Qo^

o c

. s-
£•* C-/

c5 o

♦ * <y •

03* _£ -O *

4} ♦? f CJ 5

^ > iW §

~ ri'-JT v

^L* Cs«* O ^

r w ~
#— 3

15 °

> ,

crj . c:

O c

a c —
t>^ o *—■
CS ’E -

>? CO PQ Dd o o

<■/} a

z a>

• t «5

x ^

- - a-

>, 5.2
c — ~o

a. rr o

• co

• 0)
■*-> ns

o a>

^ rz

>^u2d^Gcc

» q * ^ « <D • * /*» • ^*5 • t •

• C • **"""* # 0* * ^ » «s • • f

. *s . q . o c ~ • a .

• 2? • . c r 9 «• 2 *

• £ CQ *3 £ w • * ■ t «

§"Q 3 u* 2 • o {yf J4 'r .2? !£ *Z

fr . ^ S as pQ O-0? {- j! > .a?

cdcgg^ oi? = &^05 sS

,03 - jJ3 ?*> . . , ,

P3ffi^<3<JE^GQ!>Oc0 m *-* Pk

•

*. &
<0^3 :

•* G->

t- • >

a> »
ns ^

w, .. c

fe» -a ‘S

A-> ,X3
OT ■*- 3

!S 'i

o ,2

* rs « C ^I'O
«* *. ♦J £*s « «—• •*-■**

4 >> i-r 2 rk O

Hwru^c§ c :

S E Mfa^csd^e

03 • CO 'C

^CiSjg|S | BO

t:'-'

«a

0 |

oj-3

r- 1

r n

rv»

Ci-

h** 1

p-i

t-4

E-

i—j

E~f

t—<
H

SZi

f—

c3 c3

W --*

3 D

w o

•

f-i

IfX

•

^ fb

•

P-.

. C

• ^

r—**«

<-■<

r —*

>-*L

1—<

• —'

■CD

rJ* A

’>

rfl

■'/.

’fl

- 1

r—«

(H-4

"oc

r -w

i 2

f ""■'■<

**•

• t —1

-V

J-■n

'—■s

•*—

r-«»

s~<
^ K

r* ^

r/5

rv»

>-M

^ ,

►-“l

”c0

o r

CD
CD

CD -D4
£5 C ‘>

S § rt

coo

o £ ~ j5
CP O o M —
cci t3 cd .S

=: 3 a a >

eg rf c5 .b O

~v • 1 ^ 1 r >

Ji CD
O CD

f-t r

5- ro
CD

P CD

'V.

02 *■>

3
rv* r*

D </; DC

■"*. » ■ ■■■■<

>-»

rfl

O v, ji

O O

5 m c ^ eg

rfl O ^

"i dc* cd
■5 C} l ~o

C3
o

? £
-DC .CD

r p

. ■■*»
P-i c5

g-33
'E l SS s

Q ^ . fi

§*a

723

. c t •
ci •
C o •

'3 g ®

O d CJ

5 ♦ . . 0 « o a>

3 g>£p§°

> B 13 4 .S a c ^

£ jd

Oh O

C-t t 3 gs

2^-20

O To >■>

f-. ;—<

£> s T
o *2 £

C ^

C •— i->

’ ci
. t!0

S 3 tD o ^ $5 O r*

toed
a ©
•- o

S ?n § s >,

4-> 4—> . r-< 01

dT* - ©

^ >itH

ci jz. *

O Oi ^3 o

« f ^ • w f

* • & • a> .

• * &0 .

5 o 5 h o cj

O o « b ^ m

C c3
CJ J3

py a

ci ©

53-

. . ©

• • ^

. • O

# •

• * $P

K. CT; ®

H O ^

S.’S ;

^ ^ oo yooJM^aoo

• *TJ £-*

TS O'®

S' 2 4

f<^55

S ' • ©

_d *■*

u T cs

xq^.ra^S^W^PqtQ^ .„. • Ja"3

p I j^^<i^c!3i4ppcc«3>^P < ll^yi' < i £■* i*<

►JH . .

Ss;.£»

JD « NS .
« . O L-

<P-tPf>

724

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Texts

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Alabama legislative acts, 1859-1860"

See other formats